Cumulus Pushes Court to Fast-Track Nielsen Antitrust Case

RADIO ONLINE | Thursday, October 23, 2025 | 4:32pm CT

Cumulus Media & Nielsen

Cumulus Media is urging a federal judge to accelerate the discovery process in its antitrust lawsuit against Nielsen, warning that delays could cause "irreparable harm" to its national radio network business before the end of the year.

In a letter to U.S. District Court Judge Jeannette Vargas, Cumulus said it needs evidence ahead of the late-year advertising and content contract cycle to secure an injunction that would allow it to continue operating without disruption.

"Many advertising and content contracts are signed in late 2025," the company stated. "So, Cumulus needs an injunction before the end of this year to be able to continue operating without irreparable harm to its business and to continue providing an important public service to our communities."

The broadcaster filed the lawsuit in New York earlier this month, accusing Nielsen of abusing its market dominance by conditioning access to national radio ratings data on the purchase of separate local ratings data - a practice Cumulus calls a "textbook abuse of monopoly power." The company argues that this policy stifles competition and limits stations' freedom to choose alternative providers for local data.

Cumulus and Nielsen reportedly agree that a preliminary injunction hearing should occur in early to mid-December but remain divided over how much discovery should precede it. Cumulus wants targeted fact and expert discovery to present evidence of Nielsen's conduct, while Nielsen has proposed limits on depositions and witness testimony - a move Cumulus claims would "prevent the Court from seeing and hearing the evidence."

Under its proposed schedule, Cumulus would complete discovery by late November, exchange expert reports in late November and early December, and hold a hearing the week of December 8 or December 15, followed by post-hearing briefs within four business days.

Following the filing of the suit, Nielsen dismissed the allegations as "entirely without merit."