Nielsen has aggressively defended itself in a recent federal court filing in New York, accusing Cumulus Media of seeking to renew its radio ratings contract at a drastically reduced rate—approximately 50% less than current terms—for the same comprehensive services.
In the heavily redacted document, Nielsen argues that Cumulus's demands in the ongoing antitrust lawsuit effectively ask the court to compel Nielsen to deliver its audience measurement services at an "untenable price" that the company says it has never offered or agreed to.
Nielsen describes Cumulus's request as "unprecedented," warning that granting it would set a dangerous precedent by "opening the door" to similar improper and frivolous demands from other subscribers to Nielsen's ratings data.
The filing frames the dispute as a straightforward contract negotiation rather than an antitrust violation, with Nielsen maintaining that Cumulus is attempting to use litigation to force unfavorable pricing terms amid stalled renewal talks for national and local radio ratings services.
Cumulus Media filed a federal antitrust lawsuit against Nielsen on October 16, 2025, in the U.S. District Court for the Southern District of New York (Case 1:25-cv-08581), accusing the ratings company of illegally tying access to its monopoly-held national radio ratings data to the mandatory purchase of local market ratings data.
The core allegation is that Nielsen, which holds a 100% monopoly on national radio audience measurement and dominant shares in most local markets (including 100% in 75 of the 80 markets where Cumulus operates), implemented a new "tying policy" in September 2024. Under this policy, if a national network like Cumulus's Westwood One has affiliated local stations that do not subscribe to Nielsen's local ratings (e.g., using competitor Eastlan Ratings in markets like Memphis), Nielsen excludes those markets from the national dataset—rendering it incomplete ("Swiss cheese") and commercially unusable.
Cumulus claims this violates Section 2 of the Sherman Act and state antitrust laws by abusing monopoly power to:
- Force broadcasters to buy unneeded or overpriced local services.
- Suppress competition from alternatives like Eastlan (which offers lower prices and claimed better methodology).
- Impose supracompetitive prices unrelated to quality (citing a 36% hike for Westwood One in 2022 and ongoing increases).
- Degrade service quality despite price rises.
The broadcaster argues the policy threatens irreparable harm to Westwood One's ad revenue, advertiser relationships, and viability, impacting hundreds of millions in commerce industry-wide and risking reduced innovation and higher costs for the radio sector.
Cumulus seeks unspecified damages, a permanent injunction against the tying practice, and preliminary relief to block enforcement as contracts expire December 31, 2025.
Nielsen has vigorously denied the claims, calling the suit "entirely without merit" and a disguised contract dispute aimed at forcing lower prices (allegedly 50% reductions for the same services). The company says it offered multiple proposals, including standalone national products without ties, and extensions of existing terms to maintain the status quo—offers Cumulus rejected.
As of late 2025:A judge granted Cumulus partial victories, including accelerated (but limited) discovery and anonymous protection for third-party witnesses fearing Nielsen retaliation.
In December 2025, the court allowed sealed testimony highlighting Nielsen's shift from transparent market-by-market pricing.
Nielsen has argued no irreparable harm exists and accused Cumulus of using litigation for leverage in renewal talks.The case remains ongoing, with key briefs and potential hearings into 2026.