The CEO of Eastlan Ratings, Nielsen's primary competitor in local radio audience measurement, is scheduled to testify today in federal court as part of Cumulus Media's high-stakes antitrust lawsuit against Nielsen, amid claims by the broadcaster that other potential key witnesses are reluctant to appear due to fears of retaliation.
Mike Gould, head of Eastlan Ratings—a smaller rival offering lower-priced local market data—is set to provide surprise third-party testimony in the U.S. District Court for the Southern District of New York, where Cumulus is seeking a preliminary injunction to block Nielsen's controversial policy tying access to essential national radio ratings to mandatory purchases of its local ratings services.
In court filings, Cumulus has informed Judge Jeannette Vargas that several key witnesses have expressed hesitation to testify, citing concerns over reprisals from Nielsen, which they describe as a powerful industry gatekeeper capable of hiking rates or punishing non-compliant clients. This fear of retaliation underscores broader industry tensions, with Cumulus warning that unchecked practices could reduce competition, harm innovation, and raise costs for advertisers and stations nationwide.
Nielsen has dismissed the lawsuit as meritless—a mere contract dispute over pricing—and vowed to defend vigorously, while allowing Gould's unplanned testimony represents a late setback for its position ahead of arguments on the injunction. The case highlights long-simmering frustrations in radio measurement, where Eastlan has struggled to gain traction against Nielsen's near-total control.