Fox has systematically abused its monopoly power by coercing distributors into exclusionary agreements that block competitors from reaching viewers on affordable basic packages. The network exploits its must-have status to impose financial penalties on distributors who dare carry Newsmax, effectively denying millions of Americans real choice in conservative news programming while extracting supracompetitive fees that get passed on to consumers.
Fox News has built its success through legitimate competition and superior programming that attracts more viewers than rivals like Newsmax. The network's dominance stems from delivering content that resonates with conservative audiences, not from anticompetitive practices. Newsmax simply cannot compete effectively in the marketplace and is now attempting to use litigation to gain what it failed to achieve through quality programming and audience appeal.
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