Judge dismisses Newsmax's antitrust lawsuit against Fox

What they're saying: "We understand this is just a technical matter and our law firm is refiling," a Newsmax spokesperson said.

• U.S. District Judge Aileen Cannon said the complaint was "impermissible" because multiple counts incorporated all preceding allegations.
• Cannon noted the court has an "independent obligation to dismiss such pleadings and require repleader."

Catch up quick: On Wednesday, Newsmax filed an antitrust lawsuit against Fox, alleging the network used unfair practices to illegally stifle competition among conservative cable networks.

• In a statement earlier this week, Newsmax cited several examples of exclusionary tactics allegedly used by Fox to pressure cable distributors, like forbidding distribution partners from carrying competing right-leaning news channels and penalizing them for carrying competitive programming.
• The complaint also said Fox "has allegedly pressured its guests to not appear on Newsmax, as well as has run online smear campaigns and hired private investigators targeting Newsmax executives to damage the Company's credibility."

The other side: "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 News said in a statement earlier this week.

Between the lines: The lawsuit, filed in United States District Court for the Southern District of Florida, argued Fox's tactics also limited consumer choice.

• "By keeping rivals off affordable distribution packages, Fox has denied millions of Americans the diversity of viewpoints that a healthy marketplace of ideas requires," the company said in a statement.

Zoom out: Fox and Newsmax have a contentious history. In its lawsuit, Newsmax cited evidence that Fox News executives were threatened by Newsmax's ratings growth following the 2020 election.

What's next: Newsmax has until Sept. 11 to refile its lawsuit.

• Its initial complaint sought monetary damages as well as court orders that would prevent Fox from continuing exclusionary contracts and mandate "equitable relief to restore competition in right-leaning pay TV news."