Nielsen Antitrust Lawsuit Motions Loom

The Cumulus Media antitrust lawsuit against Nielsen has shifted to a much slower, years-long litigation timeline in the U.S. District Court for the Southern District of New York.

The most immediate next step is February 2, 2026, when Nielsen is required to file its formal response to Cumulus's complaint. This is widely expected to be a motion to dismiss, which will test whether Cumulus's monopolization claims can survive initial scrutiny and proceed to discovery.''

If Nielsen files the motion to dismiss:

• Cumulus's opposition brief is due March 4, 2026.
• Nielsen's reply would follow on March 18, 2026.

After briefing concludes, Judge Jeannette Vargas will decide the motion. 

A denial—which her prior rulings (including the December 2025 preliminary injunction) suggest is likely—would advance the case into the lengthy discovery phase. This could involve extensive document production, executive and third-party depositions, and competing economic expert analyses, potentially stretching into late 2026 or well beyond.

The claims center on Nielsen's alleged monopolization in national and local radio ratings markets, including accusations that it excluded or disadvantaged competitors such as Eastlan through practices like its "network tying" policy.

Only after discovery would the parties file summary judgment motions, where either side could seek a ruling based on the factual record without a trial. If those fail and no settlement is reached, a full trial remains years away—a typical path for complex Section 2 monopolization cases.

In parallel, appellate proceedings continue in the Second Circuit, which has temporarily stayed Judge Vargas's preliminary injunction pending further review. However, the primary momentum has now moved to the district court's procedural calendar.