Cumulus Media scored a mixed win Friday in its high-stakes antitrust battle against Nielsen Audio, as U.S. District Judge Jeannette A. Vargas handed down a Solomonic ruling on the broadcaster’s bid to rush evidence to the forefront before a December preliminary-injunction showdown.
At the heart of the Oct. 16 lawsuit is Nielsen’s September 2024 “Tying Policy”: buy local-market radio ratings in every geography where you own stations, or kiss goodbye to those markets in Nielsen’s gold-standard Nationwide dataset. For Cumulus—owner of nearly 400 stations and the Westwood One network—that means one non-Nielsen local subscription (e.g., Eastlan Ratings in Memphis) punches a hole in Westwood One’s national sell sheet, turning a “comprehensive” product into what Nielsen’s own exec once called “Swiss cheese.”
Cumulus calls it textbook monopolization under Sherman Act §2; Nielsen calls it a garden-variety contract renewal spat.
- Full fact discovery by Nov. 26
- Two 7-hour depositions per side
- Live witnesses and expert reports before the PI hearing
- A hearing the week of Dec. 8
What Nielsen Wanted
- One 4-hour deposition each
- Documents limited to “narrowly identified materials”
- Fact discovery closed Nov. 18
- No live witnesses; hearing week of Dec. 15
The Judge’s Split Decision (Nov. 1 Order) Granted in part
- Expedited schedule locked in place—discovery will wrap weeks ahead of a normal case.
- Both sides get two depositions (Cumulus gets its second bite).
- Document production broadened beyond Nielsen’s ultra-narrow box.
- Expert reports will be exchanged Nov. 27 (Cumulus) and Dec. 4 (Nielsen). Denied in partNo third-party subpoenas before the PI ruling.
- Live witness testimony at the hearing will be limited; the court will decide later if an evidentiary hearing is needed.
- Hearing slips to Dec. 15–16, giving Nielsen its preferred week.
Cumulus CEO Mary Berner told investors Thursday an injunction is make-or-break for 2026 upfronts: without full Nationwide data, Westwood One risks “irreparable harm” to ad deals and affiliate relationships. Nielsen counters that Cumulus can simply accept any of six stand-alone offers it floated pre-lawsuit.
Next Milestones
- Nov. 18 – Fact discovery closes
- Dec. 4 – Oppositions & replies due
- Dec. 15–16 – Preliminary-injunction hearing (Southern District of New York)