Let's Not Forget: The Cumulus Beef With Nielsen

The latest: A federal appeals court in July 2026 upheld a preliminary injunction against Nielsen that bars the ratings giant from forcing radio broadcasters to purchase local market data as a condition of buying its exclusive national “Nationwide” radio ratings product.

The ruling by the U.S. Court of Appeals for the Second Circuit affirmed a decision from the Southern District of New York in a lawsuit filed by Cumulus Media in October 2025. Cumulus accused Nielsen of illegal monopolization and unlawful tying under antitrust law. Nielsen is the sole provider of national radio ratings data. 

According to the complaint, the company required broadcasters seeking access to the Nationwide product to also buy local ratings data across all markets. Cumulus contended this practice artificially raised costs for radio stations, blocked potential competitors such as Eastlan from gaining traction in local markets, and overall harmed the radio industry.

The district court responded by issuing a preliminary injunction that prohibited Nielsen’s tying policy and also barred the company from charging “commercially unreasonable” standalone rates for the Nationwide product. Nielsen has maintained that a subsequent new offer brought it into compliance, rendering continued enforcement of the injunction moot. The company has also filed counterclaims, including allegations that Cumulus improperly shared ratings data.

The antitrust dispute added to Cumulus’s broader financial pressures and was referenced in the company’s Chapter 11 bankruptcy filings. Litigation remains active, though the bankruptcy proceedings have introduced procedural complications.