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Friday, January 2, 2026

Federal Judge Blocks Nielsen's 'Network Policy'


A federal judge has granted Cumulus Media a sweeping preliminary injunction against Nielsen, blocking the ratings giant from enforcing its controversial "Network Policy" and capping prices for its standalone national radio ratings product while an antitrust lawsuit proceeds.

In a Tuesday, order from the U.S. District Court for the Southern District of New York, Judge Jeannette A. Vargas ruled that Cumulus demonstrated a strong likelihood of success on the merits, along with irreparable harm, a balance of hardships in its favor, and alignment with the public interest.


The injunction prohibits Nielsen from tying access to its Nationwide national ratings service to the purchase of local market data, a practice Cumulus alleges unlawfully leverages Nielsen's monopoly power. Additionally, Nielsen cannot charge Cumulus a "commercially unreasonable" rate for the standalone national product; any price at or below the highest 2026 rate charged to any other broadcaster is presumed reasonable, effectively imposing a price ceiling.

The order, which requires Cumulus to post a $100,000 bond, remains in effect throughout the litigation and preserves the status quo to prevent immediate harm to Cumulus's national network operations, including its Westwood One subsidiary.

Judge Vargas's ruling followed an evidentiary hearing and extensive record review. A detailed opinion is currently sealed due to sensitive competitive information, with a redacted public version expected later.

Practically, the decision restricts Nielsen's negotiation leverage with Cumulus and could influence broader dynamics in the radio ratings industry. It safeguards Cumulus's access to essential national data amid claims that Nielsen's policies foreclose competition in both national and local markets.

The underlying lawsuit, filed in October 2025, accuses Nielsen of violating Section 2 of the Sherman Act by abusing monopoly power to stifle rivals and inflate prices. The preliminary injunction does not resolve the full case but signals the court's view of the claims as substantial.