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Judge Tosses Newsmax Antitrust Suit Against Fox, Sets Sept. 11 Refiling Deadline

The judge cited a flawed "shotgun" pleading structure that requires Newsmax to resubmit a corrected complaint.

Overview

  • U.S. District Judge Aileen Cannon dismissed the five-count filing without prejudice two days after it was lodged in the Southern District of Florida.
  • The order labels the complaint an impermissible "shotgun pleading" and directs that any amended counts must not broadly incorporate prior allegations.
  • Newsmax characterized the setback as a technical issue and says it will refile by the court’s deadline.
  • The suit alleges Fox used carriage leverage to suppress rivals through no-carry provisions, bundling that imposed financial penalties, and other contractual barriers under federal and Florida antitrust and consumer laws.
  • Newsmax cites internal Fox communications from prior litigation to show competitive concern, while Fox argues Newsmax’s weak ratings—not exclusionary conduct—explain its position.