Newsmax is pushing back against claims from Fox Corp that it engaged in “forum shopping” by refiling its antitrust lawsuit in Wisconsin after an earlier attempt in Florida was dismissed. The conservative-leaning media outlet insists it is fully within its rights to pursue the case in Wisconsin, calling Fox’s accusations “unfounded and overstated.”
The dispute centers on Newsmax’s allegations that Fox suppressed competition in the conservative-leaning pay-TV market. Newsmax contends that Fox exerted pressure on distributors to exclude or limit competitors, like Newsmax, from reaching viewers, allegedly violating both federal and state antitrust laws. The company maintains that these tactics hurt Newsmax’s growth and restricted consumer choice in the market.
The original lawsuit was filed in Florida, but it was dismissed within 48 hours due to a technical filing issue. Newsmax then refocused its legal strategy and filed a revised complaint in the U.S. District Court for the Western District of Wisconsin. The Wisconsin complaint includes additional claims under the Wisconsin Antitrust Act and emphasizes Fox’s extensive business operations in the state, including broadcast and distribution channels.
In court documents, Newsmax stated, “Newsmax did not refile in this district to escape a substantive adverse ruling in Florida—there was none. The decision to file in Wisconsin was made in full compliance with federal and state venue laws.”
Fox, however, has countered, arguing that the lawsuit’s venue in Wisconsin is inappropriate. The company claims that Florida is the proper jurisdiction since many key witnesses and documents are located there. Fox also suggested that Newsmax’s law firm may have influenced the choice of venue based on prior experience in Wisconsin, citing the firm’s $185 million award in a previous antitrust case. Newsmax rejected these claims, asserting that venue selection was legally sound and not strategically motivated.
The lawsuit, Newsmax Broadcasting LLC v. Fox Corp and Fox News Network, is proceeding in Wisconsin under case number 3:25-cv-00770. Newsmax is represented by Michael Guzman of Kellogg, Hansen, Todd, Figel & Frederick and Jennifer Gregor of Godfrey & Kahn. Fox is represented by Brad Bondi and Michael Murray of Paul Hastings, along with Ryan Walsh of Eimer Stahl.
Legal experts say the case raises important questions about competition and distribution in the media industry. “This isn’t just a dispute between two networks—it’s about how major media companies control access to audiences and what leverage they can legally exert over distributors,” said a media law analyst. “The outcome could have implications for market competition in conservative-leaning media as well as antitrust enforcement more broadly.”
The dispute also highlights the increasingly complex interplay between federal and state antitrust laws. While federal antitrust statutes focus on market competition and consumer harm, state laws like the Wisconsin Antitrust Act can provide additional avenues for companies to pursue claims. By filing in Wisconsin, Newsmax seeks to leverage both sets of protections to strengthen its case.
Newsmax and Fox have a history of legal and competitive tensions. Newsmax has grown rapidly in recent years as an alternative to Fox, particularly among conservative viewers seeking different programming options. Fox, for its part, has argued that its business practices are standard industry measures designed to ensure contractual obligations with distributors and advertisers. The case could set a precedent for how far established media companies can go in limiting competition from emerging networks.
Industry observers are watching closely, as this lawsuit could shape the strategic decisions of other media companies and startups. If Newsmax succeeds, it may encourage new entrants to challenge traditional powerhouses, potentially changing the dynamics of the pay-TV and streaming markets. Conversely, a ruling in favor of Fox could reinforce the influence of large, established networks over content distribution.
The case also underscores the growing importance of legal strategy in media competition. Choosing the right venue, structuring claims under federal and state laws, and assembling an experienced legal team can all influence the trajectory of a lawsuit. For Newsmax, the move to Wisconsin is a calculated step in navigating the complex legal landscape of antitrust law.
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