Nielsen Gets Administrative Stay as Cumulus Suit Awaits Appeals Court Panel
The Second Circuit Court of Appeals is granting Nielsen an administrative stay of the District Court’s order pending a decision by a three-judge motions panel. That means Nielsen can continue to operate its radio ratings business as usual until the panel rules on Nielsen’s
appeal of the District Court’s ruling on Cumulus’ request to seal the record and protect witnesses’ identities. That request was granted by the District Court. 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.