Last week, U.S. District Court Judge Jeannette A. Vargas granted Cumulus Media a preliminary injunction against Nielsen that limits the price Nielsen can charge for national radio ratings while the case is in the court system. Cumulus Media is suing Nielsen alleging
that the company is illegally leveraging its dominance over national and local radio audience data to stifle rivals and charge inflated prices. At the heart of the complaint is the charge that Nielsen is providing access to the national broadcast radio ratings only if the client spends a lot of extra money on the separate local ratings. Cumulus argues that Nielsen’s policy forces them to buy ratings in U.S. markets where it doesn’t operate stations in order to have the complete national ratings data. Vargas’ injunction orders Nielsen to cease conditioning national ratings access on local subscriptions during ongoing contract negotiations. It also bars Nielsen from charging a commercially unreasonable rate for its nationwide ratings when sold as a standalone product while the case proceeds.
