"Alex Griffing Newsmax filed a lawsuit on Wednesday against Fox News, accusing the right-leaning outlet of acting as a monopoly and pushing out its competitors. But for Fox's anticompetitive behavior, Newsmax would have achieved greater pay TV distribution, seen its audience and ratings grow sooner, gained earlier critical mass' for major advertisers and become, overall, a more valuable media property, alleged the complaint."
"First, Fox imposes explicit or tacit no-carry provisions on distributors, conditioning access to its commercially critical content on distributors' concession not to carry other right-leaning news channels like Newsmax and others. Second, it imposes financial penalties on distributors if they carry Newsmax or others by requiring the distributors to carry and pay high fees for Fox's little-watched channels like Fox Business."
Newsmax filed a lawsuit accusing Fox News of monopolizing the right-leaning pay-TV news market and unlawfully excluding competing channels. The complaint alleges Fox's conduct deprived Newsmax of broader pay-TV distribution, earlier audience and ratings growth, advertiser critical mass, and greater overall value. The suit identifies three anticompetitive tactics: no-carry provisions conditioning access to Fox content, financial penalties that force distributors to pay for low-viewed Fox channels when carrying rivals, and other contractual barriers in carriage agreements. Fox responded that Newsmax cannot sue its way out of marketplace competitive failures. Fox continues to dominate cable news ratings.
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