A Florida federal judge this week paused Newsmax’s antitrust lawsuit against Fox Corp. and Fox News while he decides whether to throw the case out entirely, freezing document production and other discovery.
Newsmax alleges Fox illegally monopolizes the market for right-leaning pay-TV news—claiming roughly 90 percent share—and uses restrictive carriage deals with cable, satellite, and streaming distributors to keep rivals such as Newsmax and One America News off popular packages or bury them with penalties and poor placement.
The suit also accuses Fox of intimidation and smear tactics. Newsmax seeks damages under the Sherman Act and state antitrust laws.
Fox calls the case an attempt by Newsmax to “sue their way out of their own competitive failures,” arguing the complaint shows no real harm to competition and that the networks compete in a broader news market. The dispute began in September 2025 when Newsmax sued in Florida. Judge Aileen Cannon dismissed that complaint as a “shotgun pleading.” Newsmax dropped the case and refiled in Wisconsin the same day. A Wisconsin judge later sent it back to Florida, saying Newsmax had engaged in forum shopping.
The case is now before Judge Ed Artau. If he grants Fox’s motion to dismiss, the lawsuit ends; if he denies it, discovery resumes. No trial date is set.