Second Circuit Sides With Cumulus v. Nielsen
• The Second Circuit blocked radio ratings provider Nielsen on Monday from implementing a policy change that would require its nationwide data subscribers to also purchase its local ratings data.
As reported by Courthouse News Service, “The policy has already been blocked since January, when a federal judge in U.S. District Court for the Southern District of New York issued a preliminary injunction on behalf of Cumulus Media, which owns hundreds of radio stations around the United States and filed an antitrust suit against Nielsen over the rule change.
In a 55-page order, the Second Circuit affirmed that injunction, ruling the lower court was justified in finding Cumulus exhibited a “strong showing of irreparable harm” due to the policy.
The three-judge appellate panel noted, in part, “We find that the District Court did not abuse its discretion by determining that Nielsen effectively coerced Cumulus into purchasing its local data in certain markets that Cumulus did not otherwise want,” opined the three-judge “We also find that the District Court did not abuse its discretion in concluding that Nielsen’s conduct had anticompetitive effects in the tied market or in rejecting Nielsen’s proffered procompetitive justification.”
Afterward, a spokesperson for Cumulus Media told RAMP, “We’re extremely pleased with the Second Circuit’s decision affirming the district court’s preliminary injunction. The ruling reaffirms the strength of our position and the arguments we’ve made throughout this litigation.”
