Fox News is pushing to dismiss a second antitrust lawsuit from its rival Newsmax, arguing in a new court filing that the suit’s core premise of a self-contained, right-leaning news market is "implausible on its face," as reported by The Desk. The move marks the latest escalation in the legal battle between the two conservative media outlets.
The bundling charge: At the heart of the lawsuit is Newsmax’s allegation that Fox operates as an illegal monopoly by forcing cable providers into expensive, bundled deals. Newsmax claims Fox leverages its dominance by requiring distributors to carry less popular channels to get access to its flagship news network, a practice it labels "block booking."
Words as weapons: In its motion, Fox weaponizes Newsmax's own SEC filings against it, pointing to a disclosure where Newsmax identified its primary competition as a broad range of networks including CNN, MSNBC, and NewsNation. Fox contends this admission shatters Newsmax's argument that it's being unfairly boxed out of a uniquely conservative market.
An outdated playbook: This isn't Newsmax's first attempt; a federal judge in Florida tossed out its initial case, describing it as a "shotgun" pleading that failed to present clear claims. Fox is also pushing back hard on the "block booking" charge, arguing the legal precedent is a relic from a 1940s case that doesn't apply in an era of digital cable with hundreds of channels.
The legal fight underscores the intense strategic importance of carriage agreements and bundling in the cable news industry. The outcome could influence how antitrust laws are applied to modern media distribution, where legacy power is clashing with emerging competition.
