Cumulus Media is rating it as a big win. A federal judge has granted Cumulus a preliminary injunction preventing Nielsen from implementing its “network tying” policy, which is at the center of a lawsuit between the companies.
Judge Jeannette A. Vargas ruled on Dec. 30 that Cumulus has supported its claim of irreparable harm and said the company will likely succeed with the antitrust claims it has brought against Nielsen. She also slammed a lid on how much Nielsen can charge the company for its national radio ratings.
The judge decided that Cumulus had demonstrated that a preliminary injunction was necessary to prevent irreparable harm.
“Cumulus has a strong likelihood of succeeding on the merits in this case … the balance of hardships weighs toward Cumulus, and … the public interest weighs in favor of a preliminary injunction,” she wrote.
Nielsen also is prohibited from charging a “commercially unreasonable rate for its national ratings report as a complete, standalone product.” The order sets a rate that is equal to or lower than the highest annual 2026 rate Nielsen charges any broadcaster, whether network or local, for nationwide ratings.
The order will remain in effect for the duration of the litigation, as Cumulus’ antitrust case goes forward.
Monopoly claims
The legal fight is putting a spotlight on the relationship between U.S. radio broadcasters and the industry’s most prominent ratings provider. Cumulus is the second-largest radio broadcaster in the United States by station count and the third-largest by revenue, according to BIA Advisory Services.
The suit was filed by the broadcaster in October in the U.S. District Court for the Southern District of New York.
It claims that Nielsen holds a monopoly over national radio ratings and has a policy that will force broadcasters also to purchase local radio ratings from Nielsen rather than from a ratings competitor.
Cumulus argues in the suit that Nielsen’s new “tying policy” is illegal because it forces its local stations to buy Nielsen’s local radio ratings data, which Cumulus says are overpriced, instead of another service.
According to Cumulus, Nielsen’s tying policy works this way: Any radio operator with local stations that also owns a national network must purchase Nielsen’s local radio ratings data for all those local markets in order for the network to receive credit in Nielsen’s comprehensive national data.
Cumulus owns approximately 400 stations in 84 radio markets in the United States. Westwood One is the national-facing network arm of the company.
Cumulus claims that Nielsen has mandated the purchase of separate local ratings in order to access national broadcast radio analytics, and Cumulus says this violates federal and state antitrust laws.
“Such tying is a classic abuse of monopoly power and a clear-cut violation of the antitrust laws,” Cumulus argued, “and violates section two of the Sherman Act.”
Cumulus has stopped buying local ratings for some diary markets, including all markets measured twice a year and even some continuously measured diary markets, according to a report in Inside Radio.
The broadcaster has won several victories in its case against Nielsen. First, the judge approved a motion to fast-track the discovery process and set several early deadlines. She also ruled that the identities of third-party radio companies testifying in the case could be with withheld amid fears of potential retaliation.
At a hearing in early December, Nielsen described the matter as a “run-of-the-mill pricing dispute” and defended the tying policy.
“There is no data for nationwide without the local reports,” the company wrote. It told the judge its policy ensures Nielsen’s revenue is aligned with costs so its audio measurement service remains “sustainable.”
In a filing, Nielsen claims “the plaintiff is earning $700 million in revenues but wants to renew its contract with Nielsen but pay 50% for the same services.”
Nielsen has said it gave Cumulus several options, including giving the broadcaster standalone national ratings and local products without the tying policy that brought on the suit.
Cumulus argued that Nielsen is a monopoly, citing “clear and uncontested evidence that Nielsen is the only provider of national radio ratings data in the United States. Without comprehensive national ratings data, a national network cannot effectively compete for advertising business or generate revenue.”
Not including Westwood One in national ratings in markets where Cumulus doesn’t buy local ratings, it says, harms the network’s ability to sell ad inventory, jeopardizing relationships with clients and ultimately hurting affiliate stations, according to previous Cumulus filings.
Cumulus further supported its monopoly claims by saying Eastlan Ratings, another provider of local radio ratings data, is foreclosed by Nielsen’s anticompetitive tactics from entering new markets.
However, Nielsen says in a filing that argument “is belied by Eastlan’s recent growth and its ability to enter a market with just one customer.”
Eastlan is adding markets “reasonably well,” Nielsen says, adding 18 new markets in 2025 and securing the business of multiple former Nielsen customers.
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