Witness Privacy To Be Protected During Cumulus, Nielsen Trial

A federal judge on Monday granted Cumulus Media's request to protect the identities of third-party witnesses in its antitrust lawsuit against Nielsen, allowing their names and job titles to be redacted in court filings to shield them from potential economic retaliation.

In a December 15 order, U.S. District Judge Jeannette A. Vargas ruled that the risk of Nielsen punishing cooperating broadcasters—through higher rates or altered contract terms—outweighed public transparency interests, given the limited scope of the redactions. 

The decision acknowledges the power imbalance in the radio ratings industry, where broadcasters rely heavily on Nielsen's dominant audience measurement services.

The ruling coincided with Cumulus submitting a third declaration from EVP of Corporate Strategy and Westwood One President Collin Jones, rebutting Nielsen's claims that Cumulus's financial issues stem from poor management rather than Nielsen's practices. Jones argued that Nielsen has departed from past transparency by refusing market-by-market pricing in current negotiations, unlike detailed proposals provided in 2023, hindering informed decisions for individual stations.

Much of Jones's testimony remains sealed, but public portions highlight how Nielsen's alleged tying of national and local ratings products imposes unsustainable burdens that cost-cutting alone cannot mitigate.

Judge Vargas has yet to decide on Cumulus's broader preliminary injunction motion, which aims to block what the company calls unlawful tying of Nielsen's national and local ratings services.

This marks the second time the court has recognized the disputed power disparity: previously by allowing Eastlan CEO Michael Gould to address credibility attacks, and now by validating retaliation fears for industry witnesses.