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Fox Corp. and Fox News have filed a motion in federal court accusing Newsmax of “impermissible forum shopping” following the re-filing of an antitrust lawsuit in Wisconsin. The move marks the latest chapter in a growing legal battle between two of the largest players in conservative media.
The dispute began earlier this month when Newsmax filed an antitrust complaint in Florida federal court, alleging that Fox used its market dominance to pressure pay-TV distributors into limiting Newsmax’s reach. Newsmax claims that Fox’s actions hurt consumers and stifled competition in the conservative-leaning cable news space.
However, the initial Florida filing faced immediate procedural challenges. U.S. District Judge Aileen Cannon dismissed the case as a “shotgun” complaint because the allegations were scattered across multiple claims, making it difficult to determine the precise legal violations. Judge Cannon allowed Newsmax to amend and refile its complaint by September 11.
Rather than returning to Florida, Newsmax instead filed a fresh lawsuit the same day in Wisconsin’s Western District, prompting Fox to accuse its rival of “forum shopping” — the practice of seeking a court believed to be more favorable to one’s case. Fox’s motion requests that the Wisconsin court transfer the case back to Florida, arguing that the case has no meaningful connection to Wisconsin.
Fox Labels Move as Strategic Gamesmanship
In legal filings, Fox argued that Newsmax’s decision to move the case was a tactical maneuver rather than a necessity. Fox noted that Newsmax had recently secured a $185 million legal fees award in an unrelated Wisconsin case, suggesting that Newsmax may perceive the jurisdiction as advantageous.
Fox also criticized Newsmax for abandoning Florida after learning of the initial unfavorable ruling and the identity of the presiding judge. Attorneys for Fox described Newsmax’s tactics as an attempt to “manipulate procedural rules to gain an advantage, rather than litigate the case on its merits.”
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“Newsmax cannot sue their way out of their own competitive failures in the marketplace to chase headlines simply because they can’t attract viewers,” Fox wrote in its filings.
Newsmax Stands by Its Wisconsin Filing
Newsmax has defended its decision, arguing that the company was entitled to bring its claims in any federal court, given the nationwide scope of the alleged antitrust conduct. According to the company, Fox’s conduct has harmed both consumers and Newsmax across the United States.
Newsmax attorneys argue that Fox is attempting to distract from the substance of the claims by focusing on procedural technicalities. In statements filed with the court, Newsmax emphasized that “venue should not prevent a court from considering serious allegations of anticompetitive behavior that affect the national media marketplace.”
High-Profile Legal Teams
Both sides have retained prominent legal counsel for the case. Fox is represented by Brad Bondi of Paul Hastings, a leading investigations attorney and former assistant attorney general whose sister is U.S. Attorney General Pam Bondi, alongside Michael Murray, co-chair of Paul Hastings’ antitrust group.
Newsmax is represented by Michael Guzman of Kellogg, Hansen, Todd, Figel & Frederick, and Jennifer Gregor of Godfrey & Kahn, attorneys with significant experience in antitrust litigation and media law.
Background on Newsmax and Fox
Founded in 1998, Newsmax has grown into a significant force in conservative media, launching Newsmax TV in 2014 and going public earlier this year. Its antitrust claims argue that Fox leveraged its influence over distributors to block Newsmax from obtaining a competitive foothold, depriving consumers of alternative viewpoints and limiting Newsmax’s revenue opportunities.
Fox, meanwhile, remains the dominant conservative news network, with a broad viewership and deep relationships with cable providers. The company maintains that it has not violated antitrust laws and that Newsmax’s claims are largely based on competitive grievances rather than actionable misconduct.
Legal Significance and Industry Implications
The case, officially titled Newsmax Broadcasting LLC v. Fox Corp and Fox News Network, is now pending in the U.S. District Court for the Western District of Wisconsin under case number 3:25-cv-00770. The court’s decision on whether to retain the case or transfer it back to Florida could set a precedent for future venue disputes, particularly in high-profile media and antitrust litigation.
Industry observers say the outcome could have wide-ranging effects on competitive practices in cable and streaming news, especially for smaller networks attempting to challenge established players. The case also highlights the legal strategies companies use to gain perceived advantages through procedural maneuvers, such as forum selection.
Broader Implications for Media Competition
This lawsuit underscores the intensifying competition in conservative media. As Newsmax continues to expand its audience and digital presence, Fox faces pressure to defend its dominant position. The legal battle highlights how companies in high-stakes media markets may resort to litigation over content distribution, contracts, and access to viewers.
Experts say that cases like this reflect broader trends in media consolidation and antitrust enforcement. Courts increasingly must consider the balance between protecting competition and allowing businesses to operate strategically.
What’s Next
The Wisconsin court will need to decide whether the case remains in its jurisdiction or is transferred back to Florida. Meanwhile, the underlying claims against Fox’s alleged anticompetitive practices will continue to be litigated, with potential ramifications for how pay-TV providers negotiate carriage agreements and how emerging networks like Newsmax can compete.
Legal and industry watchers will be closely monitoring the case, which could influence both antitrust strategies and media distribution practices nationwide.
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