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Cumulus Sues Nielsen Over Alleged Ratings Monopoly


Cumulus Media and Nielsen
Cumulus Media and Nielsen

Cumulus Media has filed a federal antitrust lawsuit against The Nielsen Company, accusing the ratings giant of abusing its market dominance to force broadcasters into buying unwanted data and suppressing competition in the radio audience measurement industry.

The complaint, filed October 16 in the U.S. District Court for the Southern District of New York, alleges that Nielsen's "Tying Policy," introduced in September 2024, violates federal and state antitrust laws by conditioning access to national radio ratings on mandatory purchases of local market data.

Atlanta-based Cumulus, which owns nearly 400 radio stations and operates national programming through its Westwood One network, said the policy compels it to "overpay for products it does not need or want" or risk losing access to crucial national audience data used to sell advertising.

The company called Nielsen's conduct "a textbook abuse of monopoly power," claiming it threatens Westwood One's ability to compete for advertisers and partnerships. Cumulus says the new policy undermines national ratings integrity by excluding markets where local data isn't purchased-turning what one Nielsen executive allegedly described as a "Swiss cheese" product into a nationwide standard.

Cumulus also accuses Nielsen of imposing steep price hikes-including a 36% increase for national ratings in 2022-while service quality declined, citing dozens of delays and reporting errors this year. The lawsuit further claims Nielsen's rules have discouraged competition from Eastlan Ratings, one of the few remaining rivals in local measurement.

"Nielsen's anticompetitive conduct has had devastating effects," the lawsuit states. "Advertisers and broadcasters face inflated costs, reduced choice, and diminished innovation."

Nielsen dismissed the allegations as "entirely without merit," saying it will "respond accordingly."

Cumulus seeks treble damages, injunctive relief, and a jury trial, alleging monopolization under the Sherman Act and unfair competition under California law. If successful, the case could reshape how radio audience data is sold and accessed across the U.S.

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