Second Circuit Upholds Injunction Against Nielsen Over Radio Ratings Tying
Second Circuit Court upheld an injunction against Nielsen's tying of radio ratings data.
Why it matters: This ruling challenges Nielsen’s control over local and national radio ratings data, potentially reshaping competitive dynamics in the media ratings market. Law firms advising media and antitrust clients should monitor its implications for data access and antitrust enforcement.
- October 2025: Cumulus filed an antitrust lawsuit against Nielsen alleging unlawful tying of local and national radio ratings data.
- December 2025: District Judge Vargas granted a preliminary injunction preventing Nielsen from enforcing its tying 'network policy.'
- February 2026: Nielsen counterclaimed alleging Cumulus shared proprietary ratings data improperly.
- July 2026: The Second Circuit affirmed the preliminary injunction, citing irreparable harm to Cumulus without interim relief.
In October 2025, Cumulus Media, owner of approximately 400 radio stations in 80 U.S. markets, sued Nielsen in federal court alleging that Nielsen's tying policy unlawfully forced broadcasters to purchase local ratings data to access national radio ratings data. Nielsen's policy mandated local data purchases in every market where a broadcaster operated.
On December 30, 2025, U.S. District Judge Jeannette A. Vargas issued a preliminary injunction blocking Nielsen from enforcing this tying policy, recognizing that Cumulus faced potential irreparable harm.
In response, Nielsen filed counterclaims in February 2026, accusing Cumulus of violating their service agreement by sharing Nielsen’s proprietary ratings data with competitor Eastlan Ratings, as reported by Radio Ink.
The lawsuit was paused on March 12, 2026, after Cumulus filed for Chapter 11 bankruptcy, halting both parties' claims during bankruptcy proceedings, per Barrett Media.
In July 2026, the Second Circuit Court of Appeals affirmed the preliminary injunction against Nielsen, echoing the district court's concerns about the harm to Cumulus without interim relief as detailed by Bloomberg Law. This decision sustains legal scrutiny on Nielsen’s tying practices and will influence future competition in radio ratings data markets.
Cumulus described the suit as addressing "anticompetitive conduct that we believe is unlawful and damaging," while Nielsen characterized the dispute as a "run-of-the-mill pricing dispute."
By the numbers:
- 400 — number of radio stations owned by Cumulus Media across 80 markets
- October 16, 2025 — date Cumulus filed the antitrust suit against Nielsen
- July 13, 2026 — date Second Circuit affirmed the injunction against Nielsen
Yes, but: The case is currently paused due to Cumulus's Chapter 11 bankruptcy, leaving the ultimate resolution and Nielsen’s counterclaims unresolved.
What's next: The antitrust lawsuit remains stayed pending the outcome of Cumulus's bankruptcy proceedings, with further litigation timeline uncertain.