Lawyers for radio giant Cumulus Media and audience measurement leader Nielsen are set to square off today in a high-stakes antitrust showdown in U.S. District Court in Lower Manhattan. The hearing, scheduled for 2 p.m. before Judge Jeannette A. Vargas, centers on Cumulus's urgent motion for a preliminary injunction to halt what it calls Nielsen's coercive "tying policy"—a practice that allegedly forces broadcasters to buy unwanted local ratings data to access essential national ratings for ad sales.
At stake: Cumulus's Westwood One network operations, potentially worth hundreds of millions in industry commerce, as the current contract expires December 31, threatening "irreparable harm" to stations delivering local news and emergency alerts.
This pivotal proceeding follows a flurry of pre-hearing briefs filed last week, where Cumulus painted Nielsen as a monopolist stifling competition from upstarts like Eastlan Ratings by inflating prices and degrading service quality. In a redacted filing, Cumulus revealed summer 2025 talks broke down when Nielsen offered standalone national ratings at "almost ten times" the bundled rate, redacting exact figures but underscoring the financial squeeze on its 400+ stations across 80 markets.
The broadcaster warns that without the injunction, late-year ad and content deals could collapse, jeopardizing affiliates and public service programming.
Nielsen fires back forcefully, dismissing the suit as "lawfare"—a fabricated antitrust claim masking a routine contract haggling over money. In its opposition brief, the ratings firm argues the policy impacts just 12 clients nationwide, leaving thousands of independent local stations untouched, and cites Cumulus's robust Q3 finances: $90.4 million in cash, $180 million in profits, and minimal short-term debt.
The dispute erupted October 17 when Cumulus filed in the Southern District of New York, accusing Nielsen of federal and state antitrust violations by leveraging its unchallenged dominance in national radio data to suppress rivals and extract premiums for local metrics Cumulus says it doesn't need or want.
A former FCC commissioner backed Cumulus's amicus brief, highlighting over 50 Nielsen service glitches in 2025 alone. Judge Vargas, a 2024 Biden appointee and ex-federal prosecutor, has already granted partial expedited discovery in early November, setting response deadlines for December 1 and mooting an earlier November status call. While parties eyed December 8 or 15 for the injunction hearing, today's 2 p.m. session—possibly accelerated—could fast-track oral arguments, witness declarations, or even evidentiary testimony if Vargas deems it necessary.
Broader implications loom for the radio sector: Cumulus frames this as an "inflection point" for innovation and affordability, potentially unlocking cheaper alternatives if the tying policy falls. Nielsen counters that upending the deal would invite a flood of client lawsuits, destabilizing the ecosystem. No ruling is expected today, but Vargas's leanings could signal whether the case hurtles toward trial or settles quietly before year-end.
As broadcasters eye Q4 renewals, all eyes are on this clash in Courtroom 14B, where monopoly muscle meets market survival.