Cumulus Media New Holdings Inc., owning nearly 400 stations across 84 markets and syndicating content via Westwood One to over 9,500 affiliates, has filed a federal antitrust lawsuit against The Nielsen Company (parent of Nielsen Audio) in the U.S. District Court for the Southern District of New York.
The suit accuses Nielsen of monopolistic practices that stifle competition in radio audience measurement, inflate prices, and harm broadcasters like Cumulus by forcing unnecessary purchases of local ratings data to access national analytics. Cumulus claims these tactics violate Section 2 of the Sherman Act (federal antitrust law) and California's Unfair Competition Law, affecting hundreds of millions in annual commerce.
The case highlights broader tensions in the radio industry, where Nielsen holds an estimated 90-95% market share in audience ratings—a critical tool for ad sales and valuation. Cumulus argues this dominance allows Nielsen to "degrade product quality, raise prices without justification, and block competitors" like Eastlan Council, a lower-cost alternative for local ratings.
✔Declaratory judgment: Confirming Nielsen's practices as illegal.
✔Jury trial: Requested for all claims.The complaint, filed by Hogan Lovells on behalf of Cumulus, spans six causes of action focused on monopolization.
The case highlights broader tensions in the radio industry, where Nielsen holds an estimated 90-95% market share in audience ratings—a critical tool for ad sales and valuation. Cumulus argues this dominance allows Nielsen to "degrade product quality, raise prices without justification, and block competitors" like Eastlan Council, a lower-cost alternative for local ratings.
What Cumulus Wants...Relief:
✔Injunctive relief: A court order halting Nielsen's tying practices and anticompetitive conduct.
Monetary damages: Unspecified amounts, potentially trebled under antitrust law (up to three times actual damages).
✔Declaratory judgment: Confirming Nielsen's practices as illegal.
✔Jury trial: Requested for all claims.The complaint, filed by Hogan Lovells on behalf of Cumulus, spans six causes of action focused on monopolization.
Nielsen's Response
Nielsen issued a brief statement dismissing the suit as "entirely without merit" and vowing to "respond accordingly" in court. As of Sunday, no formal filing has been made, but the company has not elaborated further publicly.
The lawsuit echoes past Nielsen scrutiny, including a 2022 fraud suit by Byron Allen's media group (settled separately) over TV ratings inaccuracies. In radio, it amplifies calls for alternatives amid declining ad revenues (projected -9.4% for broadcast in 2025).