Newsmax Broadcasting LLC sued rival news network Fox News on Wednesday, accusing it of using “unlawful” tactics to throttle competition.
The lawsuit accuses Fox Corporation and Fox News Network, LLC, of “at least three anticompetitive means” to exclude competing providers of “right-leaning video content.” Among these are “no-carry” provisions on distributors, “financial penalties” on distributors carrying Newsmax or other similar networks, and “other contractual barriers into its carriage agreements.”
The antitrust lawsuit was filed in the United States District Court for the Southern District of Florida.
“Newsmax is far from the only victim. Defendants’ anticompetitive conduct impedes competition in the entire Right-leaning Pay TV News Market, deprives consumers of genuine choice, and increases the cost consumers must bear to access right-leaning news,” the lawsuit states.
“Fox’s long-standing and ongoing practices have harmed and will further harm competition and consumers in the United States,” it further states.
The lawsuit also cites “publicly available internal Fox communications” following the 2020 election, stating Newsmax’s ratings were growing. These communications “reveal” Fox viewing Newsmax as “a significant competitive threat.”
The communications in the lawsuit include then-Tucker Carlson Tonight host Tucker Carlson telling his former producer a competitor like Newsmax “could be devastating to us.” Carlson split with Fox News in April 2023.
Another communication shows that Fox Chairman Rupert Murdoch told Fox News CEO Suzanne Scott that Newsmax “should be watched” amid increased media publicity.
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“Newsmax cannot sue their way out of their own competitive failures in the marketplace to chase headlines simply because they can’t attract viewers,” a Fox News Media spokesperson told the Washington Examiner on Wednesday.
Fox News finished August with the highest ratings among prime-time television since June 20, the start of summer. The network averaged 2,432,000 viewers during prime time throughout the week, according to Nielsen Media Research data Fox shared with the Washington Examiner.
