Court Blocks Nielsen Tying Policy in Cumulus Suit

RADIO ONLINE | Tuesday, January 13, 2026 | 3:56pm CT

Cumulus Media and Nielsen

A federal judge in New York has issued a preliminary injunction barring The Nielsen Company from enforcing policies that tie national radio ratings data to the purchase of local market ratings, handing an early win to Cumulus Media New Holdings in a closely watched antitrust dispute.

In a January 8 ruling, U.S. District Judge Jeannette Vargas found that Cumulus showed a likelihood of success on the merits of its claim that Nielsen's "Network Policy" violates Section 2 of the Sherman Act. The court concluded the policy likely constitutes unlawful tying by conditioning access to Nielsen's nationwide radio ratings product on the purchase of local market data, and that Cumulus and its national network, Westwood One, face irreparable harm without relief.

The injunction prevents Nielsen from enforcing the Network Policy during the litigation and from charging what the court deemed a "commercially unreasonable" rate for its standalone Nationwide report. The judge said a price equal to or lower than the highest 2026 rate Nielsen charges any broadcaster for Nationwide is presumptively reasonable. Cumulus was ordered to post a $100,000 bond.

Cumulus argued that Nielsen's policies effectively force large broadcast groups that operate both local stations and national networks to buy local Nielsen data to obtain usable national ratings -- data considered essential for selling national advertising. The court agreed that Nielsen holds monopoly power in national radio ratings and substantial market power in local ratings, and that the policies likely foreclose competition, particularly against Eastlan Ratings, Nielsen's primary local-market competitor.

The court also cited evidence that Nielsen's related "Subscriber First Policy," which limits the visibility of stations that do not subscribe to Nielsen's local services, has already caused Eastlan to lose customers and discouraged broadcasters from switching providers.

Nielsen has pushed back forcefully. In a January 9 filing seeking a stay pending appeal, the company warned the injunction could "significantly and irreparably" harm its audio business and potentially force it to retire its Nationwide radio ratings product altogether. In a declaration, Nielsen Audio Managing Director Rich Tunkel said blocking the Network Policy would hinder Nielsen's ability to recover the costs of collecting local data that underpin the national report, disrupting pricing and negotiations across its customer base.

Nielsen argues the court improperly inserted itself into pricing decisions and mischaracterized negotiations as coercive, calling the order "commercially unworkable." The company also contends the injunction is overly vague, particularly around what constitutes a "commercially unreasonable" rate.

As of January 12, enforcement of the injunction is temporarily paused until January 16, after Judge Vargas granted a short administrative delay to allow Nielsen to seek relief from the Second Circuit. Absent further action, the injunction will take effect again while the case proceeds.

The lawsuit, Cumulus Media New Holdings, Inc. v. The Nielsen Company (US) LLC, No. 1:25-cv-08581-JAV, has broad implications for the radio advertising ecosystem, where Nielsen's national ratings remain the dominant currency for buying and selling network radio advertising.