A federal appeals court has upheld an injunction won by Cumulus Media against Nielsen, agreeing with a lower court that the ratings giant likely violated antitrust law by leveraging an alleged monopoly over national radio data to pressure broadcasters into buying local data they didn’t want.
The ruling, issued on July 13, reinstates a Dec. 30 preliminary injunction from the Southern District of New York.
The injunction bars Nielsen from enforcing the Network Policy and from charging a “commercially unreasonable rate” for standalone Nationwide access. A safe harbor provision states that any rate at or below the highest 2026 rate Nielsen charges any broadcaster is presumptively reasonable.
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