Cumulus vs Nielsen: Judge Grants Confidentiality

A federal judge has granted Cumulus Media additional protections in its antitrust lawsuit against Nielsen, limiting the public release of sensitive details to safeguard confidential business information.

U.S. District Judge Jeannette Vargas ruled that the interest in protecting confidential business information outweighs the qualified First Amendment presumption of public access. This decision, which both Cumulus and Nielsen sought, follows their joint argument that disclosing certain details could cause each party "significant competitive disadvantage" in the marketplace.

The ruling adds another layer of secrecy to the high-stakes case. 

Last month, Judge Vargas already allowed the names and employment positions of non-party declarants (third-party supporters of Cumulus's preliminary injunction request) to remain redacted, citing minimal impact on the case's merits and the risk of "retaliatory oppressive pricing and contract terms" from Nielsen if identities were revealed.

Despite these restrictions on granular details, the broader picture of the litigation remains clear: In late December 2025, Judge Vargas granted Cumulus a major preliminary injunction. The order blocks Nielsen from enforcing its controversial "Network Policy," which ties access to national radio ratings data to the purchase of local market data. It also prohibits Nielsen from charging "commercially unreasonable" standalone rates for its Nationwide Report and requires the company to offer Cumulus 2026 nationwide ratings at a rate equal to — or lower than — the highest annual 2026 rate charged to any other broadcaster.

To secure the injunction, Cumulus must post a $100,000 bond, which stays in place until the order is lifted.

Cumulus hailed the decision as validation of its core claims in the October 2025 lawsuit, which accuses Nielsen of a "textbook abuse of monopoly power" under Section 2 of the Sherman Act by illegally tying national and local ratings products. This practice, Cumulus argues, harms competition and prevents radio stations from freely choosing local ratings providers.

Nielsen strongly denies the allegations, insisting its policies and practices comply with antitrust laws. The company has described Cumulus's suit as "lawfare" and expressed confidence it will "fully vindicate" its position as the case proceeds through the Southern District of New York. The preliminary injunction remains in effect during ongoing litigation, but the merits of the claims will be fully resolved later.