Nielsen Doubles Down On It's 'Network Policy'

A federal judge has granted Cumulus Media a preliminary injunction against Nielsen, blocking the ratings company's controversial "Network Policy" that ties access to national radio ratings data to purchases of local market data, while capping standalone national rates during the ongoing antitrust lawsuit.

U.S. District Judge Jeannette A. Vargas ruled last week, that Cumulus demonstrated irreparable harm, a strong likelihood of success on its monopoly-tying claims under Section 2 of the Sherman Act, a balance of hardships favoring Cumulus, and that the public interest supports the injunction. The order bars Nielsen from enforcing the policy and from charging "commercially unreasonable" rates for its Nationwide Report, defining reasonable rates as equal to or below the highest 2026 annual rate charged to any other broadcaster. Cumulus must post a $100,000 bond to maintain the injunction, which remains in effect throughout the litigation."We're extremely pleased with the Court’s decision," a Cumulus spokesperson said, adding that the ruling "affirms the strength of our position and validates the arguments we’ve made from the outset."

Nielsen, however, vowed to fight on. "Nielsen maintains that its policies and practices are legally compliant, and looks forward to fully vindicating its position as the case proceeds," a company spokesperson said. Nielsen has previously accused Cumulus of using the lawsuit as "lawfare" to demand an "untenable" 50% price reduction it says was never offered, warning that granting such demands could encourage frivolous requests from other subscribers.

The detailed opinion explaining the ruling is currently sealed due to competitively sensitive information, with parties required to propose redactions before a public version is released.

Cumulus filed the antitrust suit in October 2025, alleging Nielsen's tying policy is a "textbook abuse of monopoly power" that forecloses competition—such as from rival Eastlan Ratings—and forces broadcasters to buy unneeded local data. The lawsuit highlighted a 36% price hike for Westwood One's national ratings in 2022, followed by further increases linked to the policy.

Cumulus' prior ratings contract with Nielsen expired Dec. 31, 2025. The injunction ensures continued access to national data under the capped terms as the case advances, potentially influencing pricing and competition in radio audience measurement industry-wide.