Cumulus Media Sues Nielsen

Cumulus Media Friday filed a federal antitrust lawsuit against The Nielsen Company in the U.S. District Court for the Southern District of New York, accusing the ratings giant of wielding its monopoly power through “coercive conduct, strong-arm tactics, and restrictive terms” that harm radio broadcasters and stifle competition in the audience measurement market.

Core Allegations:

The lawsuit centers on Nielsen’s September 2024 “Tying Policy,” which ties access to national radio ratings to mandatory purchases of local ratings data in every market where a broadcaster operates. For Cumulus, this means that if even one of its local stations opts out of Nielsen’s local data product, the entire market is excluded from Westwood One’s national ratings. 

This forces Cumulus into a dilemma: overpay for unwanted data or risk losing advertising revenue and market share, threatening the viability of its Westwood One network.

Cumulus calls this a “textbook abuse of monopoly power,” alleging Nielsen uses its dominance—100% market share in 75 of Cumulus’s 80 local markets and a total monopoly on national ratings—to impose “supracompetitive prices” and block competitors like Eastlan Ratings. 

Eastlan, the only rival in some local markets, offers lower prices and methodological improvements but struggles against Nielsen’s control over essential ratings data.

The complaint cites a July 25, 2025, call where Nielsen Audio Managing Director Rich Tunkel reportedly admitted that national ratings without full geographic coverage would be “Swiss cheese” and not a “useful” product, underscoring the tying arrangement’s intent. After Cumulus sent a cease-and-desist letter on August 18, Nielsen’s September 16 response allegedly offered two hollow options: a Nationwide product at nearly ten times the current price or limited market access at prohibitive costs.

Cumulus calls this “window dressing” designed to maintain the anticompetitive status quo.

Broader Impacts: Price Hikes and Declining Quality

Cumulus alleges Nielsen has raised prices without justification, including a 36% increase on national ratings in 2022 and consistent local ratings fee hikes. Meanwhile, service quality has declined, with over 50 reported issues in 2025, including delayed data, unrecorded intervals, and reissued reports. 

The lawsuit also criticizes Nielsen’s 2022 “Subscriber First Policy,” which excludes non-subscribing stations from summary-level data, deceiving advertisers and agencies who expect comprehensive market insights. 

Why It Matters:  The lawsuit highlights Nielsen’s alleged stranglehold on radio ratings, which Cumulus says inflates costs, suppresses innovation, and harms broadcasters and advertisers. By targeting competitors like Eastlan, Nielsen’s tactics threaten market choice. The case could reshape how audience measurement operates, with implications for the broader media industry.