Newsmax sues Fox alleging exclusionary carriage deals and market monopolization

The lawsuit targets the mechanics of pay-TV distribution, specifically how dominant networks leverage 'must-have' status to dictate terms for smaller rivals. If Newsmax succeeds, it could force a restructuring of carriage negotiations, potentially lowering the barrier for niche or independent news networks to enter basic cable packages. For the broader ecosystem, this highlights the ongoing friction as right-leaning networks battle for a shrinking pool of linear subscribers while legacy giants defend their high-margin carriage fees. Watch for Fox's motion to dismiss, which will likely argue that Newsmax's lack of distribution stems from market performance rather than anti-competitive behavior.

The 2026 legal action represents a refiled attempt by Newsmax to challenge Fox's dominance. Per Courthouse News (May 2026), an earlier version of this complaint was dismissed by Judge Aileen Cannon for being a 'shotgun pleading,' which led Newsmax to temporarily move the case to a Wisconsin federal court before a judge there transferred it back to Florida, citing 'forum shopping.' Fox has consistently maintained in court filings that Newsmax's claims lack merit because the network has failed to identify a single distributor that carries Fox News while explicitly refusing to carry Newsmax due to exclusionary contracts.

Despite the litigation, Newsmax has secured several distribution wins recently. Per TipRanks (May 2025), Newsmax signed a multi-year deal to launch on Hulu + Live TV in July 2025, a move that the company claimed put its content in approximately 60 million households. This followed the resolution of a high-profile carriage dispute with DirecTV in 2023, where Newsmax was briefly dropped before returning to the service under undisclosed terms, according to MediaPost (March 2023).

The competitive landscape is further complicated by shifting allegiances among on-air talent and political influences. Per Wikipedia (2026), rival NewsNation has aggressively expanded its right-leaning footprint by hiring former Fox News journalists and pro-Trump commentators. Meanwhile, internal Fox communications surfaced during previous defamation suits—uncovered by the Washington Post (September 2025)—indicated that Fox executives were privately concerned about Newsmax’s ratings gains following the 2020 election, providing a factual basis for Newsmax’s claims regarding competitive animosity.