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Monday, June 27, 2016

Cumulus Wants TRN Suit Tossed

Cumulus Media and Westwood One have asked a U.S. District Court in Oregon to allow them to toss an antitrust lawsuit brought against them and other content providers by Talk Radio Network.

In a suit filed in April, Talk Radio Network Enterprises, based in Central Point, OR has alleged that Cumulus Media, the second-largest owner of radio stations in the country, engaged in anti-competitive practices, according to an antitrust lawsuit filed in U.S. District Court in Medford.

Talk Radio Network, which goes by the acronym TRN, syndicates its "America's Morning News" talk radio news program to stations across the country, along with other programs.

The Mail-Tribune reports the suit argues Cumulus' 2013 acquisition of Westwood One, which places 90 percent of national radio ad time, created an unfair advantage. TRN alleges the Cumulus deprived other radio companies of revenue through Westwood One's preferred placement of national advertising with syndicated programs Cumulus carries.

"Indeed, on a national basis, as a result of multiple mergers and acquisitions, Cumulus is the dominant force in ownership and/or operation of top radio stations within the largest radio markets in the United States," a court document says. Cumulus owns more than 450 radio stations in 90 markets nationwide.

The suit alleges 12 anti-trust actions by Cumulus, Westwood and individuals tied to the companies. The allegations include monopolization of the advertising representative market, conspiracy to monopolize by interfering with contract negotiations with hosts and breach of contract. TRN is seeking a jury to determine damages.

Cumulus filed a motion last week in Medford seeking to move the case from Medford to a central California court, on grounds that a similar suit against Westwood's predecessor was dismissed by the California court in 2012.

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