Cumulus Media has filed a federal lawsuit in Manhattan accusing accusing Nielsen of illegally leveraging its dominance over national and local radio audience data to stifle rivals and charge inflated prices.
In the suit Cumulus alleges that Nielsen has degraded product quality, raising prices without justification, and blocking competitors from gaining footholds. They state that advertisers and radio stations will suffer from reduced choice, inflated costs and diminished innovation should Nielsen be allowed to continue to do so. They are asking the judge to award monetary damages and an order preventing Nielsen from continued business practices.
Cumulus specifically alleges that in September 2024, Nielsen “announced a new policy to illegally maintain its market power in both the National Radio Ratings Data Market and the Local Radio Ratings Data Markets (the “Tying Policy”). Specifically, Nielsen announced that if a national network owns, manages, operates, or has a sales or operating agreement or similar business relationship with local radio stations (a “shared-ownership local radio station”), Nielsen would exclude from the national radio ratings data purchased by the national network any geographies where the shared-ownership local radio stations do not purchase Nielsen’s local radio ratings data.”
“Thus, under this new Tying Policy, unless Cumulus subscribes to Nielsen’s local radio ratings data in all the geographies where it and Nielsen have a presence, Westwood One would lose access to the Nationwide product (i.e., comprehensive national radio ratings data). As Rich Tunkel, Managing Director for Nielsen Audio, said on a July 25, 2025, call with Cumulus, a national radio ratings data product without these geographies “would be Swiss cheese,” and “have holes.” Mr. Tunkel admitted that any product without comprehensive Nationwide ratings would not be the “real” or a “useful” product. Tunkel also agreed that Nielsen was tying Nielsen’s local radio ratings data and Nationwide products together.”
Following a cease and desist order in August, Nielsen made a new proposal where Cumulus said, “Instead of untying the products, Nielsen changed the window dressing, all the while not rescinding its Tying Policy. Nielsen offered to sell the Nationwide product to Cumulus, but for almost ten times what Cumulus currently pays for the product, and at a price almost as high as the price Cumulus would pay under the Tying Policy for both the Nationwide product and the local radio ratings data in all local geographies in which Nielsen and Cumulus have a presence. Nielsen also stated that Cumulus could purchase the Nationwide product and the local radio ratings data in the 32 geographies Cumulus wants to purchase (significantly fewer than what it currently purchases). But this offer was made at a price intended to disqualify itself as an option. This “new” proposal was simply another attempt to strong-arm Cumulus into purchasing both the tied and tying products, is a de facto or constructive tie, and has the same anticompetitive intent and effect: to coerce Cumulus to purchase Nielsen’s local radio ratings data instead of Eastlan’s.”
Nielsen told Reuters that the lawsuit is “entirely without merit” and that they “will respond accordingly.”
The full suit can be read here.
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