Federal Judge Freezes Nielsen Network Policy

RADIO ONLINE | Wednesday, December 31, 2025 | 11:02pm CT

Nielsen

A federal judge has granted Cumulus Media a sweeping preliminary injunction against Nielsen, sharply limiting how the ratings provider can price and sell its national radio ratings product while an antitrust case moves forward.

In a December 30 order, Judge Jeannette A. Vargas of the U.S. District Court for the Southern District of New York ruled that Cumulus met all requirements for injunctive relief, including showing irreparable harm and a likelihood of success on the merits. "Cumulus has a strong likelihood of succeeding on the merits in this case," Vargas wrote.

The injunction halts enforcement of Nielsen's contested "Network Policy," which Cumulus alleges unlawfully ties access to national radio ratings to the purchase of local market data. The court ordered Nielsen to stop conditioning national ratings access on local subscriptions during ongoing contract negotiations.

The order also imposes a pricing restraint. Nielsen is barred from charging a "commercially unreasonable" rate for its Nationwide ratings when sold as a standalone product. Any price at or below the highest annual 2026 rate Nielsen charges any broadcaster for Nationwide data is deemed presumptively reasonable, effectively setting a ceiling during the litigation.

The injunction will remain in effect for the duration of the case unless modified. The court required Cumulus to post a $100,000 bond, a routine condition tied to preliminary injunctions.

Cumulus, which owns the Westwood One, argues the policy amounts to illegal tying under Section 2 of the Sherman Act and leverages Nielsen's alleged monopoly power to foreclose competition, including alternatives such as Eastlan Ratings. Nielsen has denied the claims, characterizing the dispute as a pricing disagreement and arguing the policy prevents "free-riding" on local data.

While the court's full opinion remains under seal due to competitively sensitive information, Judge Vargas said it followed an evidentiary hearing and an extensive factual record. A redacted public version is expected after the parties confer on proposed redactions.

The ruling does not resolve the antitrust claims, but it preserves Cumulus' access to national ratings data and restricts Nielsen's bargaining leverage while the case proceeds -- an outcome that could influence negotiations between Nielsen and radio broadcasters more broadly.