"It's Lawfare": Nielsen Says Cumulus Is Not Fighting a Monopoly

Nielsen is accusing Cumulus Media of “lawfare,” claiming the broadcaster is weaponizing an antitrust lawsuit to force better contract pricing in what Nielsen insists is a routine business negotiation, not a monopoly fight.

In a five-page letter filed with U.S. District Judge Jeannette Vargas opposing Cumulus’ request for expedited discovery, Nielsen’s attorneys argue that “Cumulus’s suit is nothing more than a contract negotiation masquerading as an antitrust case.”  They say Cumulus is using the courts “to drive down prices via lawfare” and manufacturing urgency by rejecting Nielsen’s offers to extend the current contract on identical terms, including stand-alone national and local data products without any alleged tying requirement.

Nielsen calls Cumulus’ push for massive discovery—internal pricing and customer communications dating back to 2021, plus executive depositions—“unduly burdensome and highly prejudicial,” insisting there is “no emergency” and proposing a narrower process with limited document exchanges, one deposition per side, and a single round of expert reports. The company argues any potential harm to Cumulus could be resolved with monetary damages, not a preliminary injunction.

The dispute stems from Cumulus’ lawsuit filed this month in U.S. District Court in New York, where the broadcaster seeks to block Nielsen’s tying policy that conditions access to national radio ratings data on purchasing separate local ratings data—a move Cumulus labels a “textbook abuse of monopoly power” that forces stations to buy “products they neither want nor need” or lose essential national ratings for ad sales. Cumulus wants fast-tracked evidence before year-end to avoid “irreparable harm” to its national radio network.

Nielsen counters that it has offered Cumulus multiple renewal options without the tie and believes the radio group simply rejects its proposed three-year agreement, seeking a court-ordered “bespoke package” at a lower rate. “Cumulus simply does not want to pay what Nielsen is charging,” the filing states.

Judge Vargas will now rule on the discovery scope, setting the stage for a broader showdown over Nielsen’s 2024 policy requiring broadcasters buying national ratings to also secure local data where they own stations.