Nielsen Audio’s managing director Rich Tunkel says that U.S. District Court Judge Jeanette Vargas’ order that his company is enjoined from enforcing its Network Policy — in which clients wanting to buy network ratings must also buy the local ratings — and from charging a
commercially unreasonable rate for its Nationwide Report may cause it to have to do away with the Nationwide Report altogether. This testimony accompanied Nielsen’s request for a stay pending appeal as it appeals to the Second Circuit. This is the latest in action in Cumulus’ suit alleging that 
Nielsen is illegally leveraging its dominance over national and local radio audience data to stifle rivals and charge inflated prices. Judge Vargas denied the stay pending appeal but did grant an administrative stay will be in effect only until January 16, 2026, to allow Nielsen time to file a motion for a stay in the Second Circuit Court of Appeals. Tunkel’s testimony states that the order would cause Nielsen “significant irreparable harm if required to comply with the Court’s ruling during the pendency of Nielsen’s appeal… As a result, Nielsen would not be able to apply that policy in any of the at least ten negotiations with clients that Nielsen expects to have in 2026. If Nielsen is unable to apply the Network Policy, then it will be hindered in its ability to ensure that it can recover the costs of collecting the local radio-ratings data that make up the Nationwide report and spread those costs appropriately across the customers that use the products generated from those joint costs. If Nielsen cannot recover these costs, then it may have to retire the Nationwide report, similar to when Nielsen retired its other national data product, RADAR. If it does not retire the Nationwide report, it may have to pass a higher share of the costs of collecting local data on to other customers, including local radio stations, hurting Nielsen’s negotiating position with respect to those customers, as well as those customers themselves.”
