Judge Dismisses Newsmax's Antitrust Lawsuit Against Fox News, Allows Refiling

A federal judge has dismissed Newsmax's antitrust lawsuit against Fox News, citing procedural deficiencies, but has permitted the network to refile its complaint. U.S. District Judge Aileen Cannon ruled that Newsmax's initial filing was an impermissible "shotgun pleading," as it incorporated all preceding allegations into each count, rendering the complaint overly broad and confusing.

The lawsuit, filed on September 3, accused Fox News of engaging in anticompetitive practices to maintain dominance in the conservative cable news market. Newsmax alleged that Fox coerced distributors into excluding or limiting access to competing right-leaning news channels, including Newsmax.

Judge Cannon dismissed the complaint without prejudice, allowing Newsmax until September 11 to submit an amended version that clearly separates each claim and avoids incorporating all prior allegations into successive counts.

In response to the dismissal, a Newsmax spokesperson stated, "We understand this is just a technical matter and our law firm is refiling." Fox News Media, referring to its earlier statement, commented, "Newsmax cannot sue their way out of their own competitive failures in the marketplace to chase headlines simply because they can't attract viewers."

The case underscores the ongoing competition among conservative media outlets for viewership and market share.