Appeals Court Declines To Reconsider Nielsen Ruling

The U.S. Court of Appeals for the Second Circuit on Tuesday declined to reconsider its earlier ruling that bars Nielsen from bundling sales of its local and national radio audience data, locking in a significant victory for financially strained Cumulus Media.

The decision leaves intact a lower-court injunction that prevents the dominant ratings provider from forcing radio stations and advertisers to buy both datasets as a package. Cumulus, one of the largest radio operators in the United States, had challenged the practice as anticompetitive, arguing it inflated costs and limited choice in a struggling industry.

By refusing to rehear the case, the three-judge panel effectively ended Nielsen’s bid to revive the contested sales strategy. 

The ruling stems from a long-running antitrust dispute in which Cumulus contended that Nielsen’s “all-or-nothing” approach exploited its near-monopoly position in radio measurement. Lower courts agreed, finding the practice harmed competition and left broadcasters with little realistic alternative.

Cumulus, which has faced years of debt pressure, declining ad revenue and station divestitures, stood to gain immediate relief on data costs that represent a major operating expense for radio groups. Nielsen had sought en banc review, claiming the decision disrupted long-standing commercial arrangements and could affect how audience metrics are packaged industry-wide. 

The Second Circuit’s denial of that request removes the last near-term path for reversal at the appellate level.

The case highlights ongoing tension between media measurement firms and the radio sector they serve. 

As traditional radio continues to lose ground to digital audio and streaming, operators such as Cumulus have pushed harder against what they view as inflexible and costly data contracts. Nielsen retains the option of seeking Supreme Court review, though such petitions are rarely granted.