"Fox employs at least three anticompetitive means to exclude competing providers of right-leaning video content from the market. 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."
"Cannon noted that a shotgun complaint is where each count adopts the allegations of all preceding counts, causing each successive count to carry all that came before and the last count to be a combination of the entire complaint. The court has an independent obligation to dismiss such pleadings and require repleader, Cannon added, giving Newsmax six days to refile the suit correctly."
Newsmax filed an antitrust lawsuit accusing Fox News of monopolistic and exclusionary conduct that impeded Newsmax's pay-TV distribution, audience growth, advertising revenue, and overall value. The complaint alleges three primary tactics: conditioning carriage on distributors' agreement not to carry other right-leaning channels; imposing financial penalties by forcing carriage and high fees for low-rated Fox channels; and inserting contractual barriers in carriage agreements to prevent competition. Judge Aileen Cannon characterized the complaint as a shotgun pleading because each count adopted prior allegations and dismissed it. Newsmax sought injunctive relief to stop the alleged exclusionary contracts.
Read at www.mediaite.com
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