Republican state attorneys general join lawsuit to stop $6.2B local TV merger

Five more states are joining a federal antitrust lawsuit aimed at stopping the blockbuster merger of Nexstar and Tegna, a corporate tie-up that would create the largest operator of local television stations in the country.

California Attorney General Rob Bonta, whose office is leading the court challenge, said Thursday that Indiana, Kansas, Massachusetts, Pennsylvania and Vermont had joined as plaintiffs, making the suit a bipartisan effort.

“This is not controversial stuff — this merger is illegal and will give Nexstar and Tegna the ability to control and raise prices, fire journalists, and dominate the media landscape,” Bonta said in a statement.

“We welcome our sister states into the fray and look forward to fighting alongside them,” Bonta added.

In a statement, Nexstar called the state attorneys general “misguided” and accused them of “strangling local journalism” with their legal efforts.

“The AGs, none of whom has a track record of advocating for local media, would do well to understand the industry they purport to protect,” Nexstar said in part, adding that local broadcast station owners need to grow so they can better compete with Big Tech platforms.

“The alternative to this deal is not more independently owned outlets — it’s the demise of your local broadcast station,” the company said.

Tegna did not immediately respond to a request for comment Thursday.

The new plaintiffs join a lineup that includes state attorneys general for Colorado, Connecticut, Illinois, New York, North Carolina, Oregon and Virginia. The 13 state attorneys general filed an amended complaint Thursday.

The attorneys general of Indiana, Kansas and Pennsylvania are Republicans, while the others behind the suit are Democrats.

U.S. District Judge Troy L. Nunley in California two weeks ago issued a preliminary injunction pausing the merger as the case goes forward. Bonta’s office at the time touted the ruling as a “critical win in our case.”

The Federal Communications Commission and the Justice Department both approved the merger last month. President Donald Trump also publicly backed the deal.

In green-lighting it, the FCC waived a rule barring any single company from owning television stations that reach more than 39% of U.S. households. The combined entity would own 264 TV stations and reach as many as 80% of U.S. households, according to estimates cited in court documents.

FCC Chairman Brendan Carr, a Trump appointee, said waiving the rule was “consistent” with the agency’s legal authority.

The FCC’s waiver is the subject of a separate legal challenge filed by an eclectic coalition of petitioners that includes the conservative cable news channel Newsmax and a group of progressive advocacy groups.

Newsmax CEO Chris Ruddy has said he believes it was unlawful for the FCC to waive the 39% rule for Nexstar because it was set by an act of Congress and most recently amended in a 2004 law.

“Basically,” Ruddy told NBC News last month, “the FCC has decided to try to invalidate the law by an administrative decision. I think it’s wrong. I think it’s a threat to democracy.”