Judge Shields Business Intel In Cumulus-Nielsen Antitrust Fight.

A federal judge has agreed to limit how many details are released as part of Cumulus Media’s ongoing antitrust lawsuit against Nielsen. U.S. District Judge Jeannette Vargas says the “interest in protecting confidential business information outweighs the qualified First Amendment presumption of public access.” It is something both Cumulus and Nielsen had been seeking. They argued in filings last month that confidential business information should be shielded from outsiders, telling the judge that each could face “significant competitive disadvantage” in the marketplace if details were disclosed.

It is the latest veil of secrecy on the case. Vargas last month ruled that the names and employment positions of non-party declarants supporting Cumulus’s request for a preliminary injunction could remain redacted from public release, concluding it would have little bearing on the merits of the case. Cumulus had argued that people it called on to support its arguments faced the threat of “retaliatory oppressive pricing and contract terms” for radio ratings data if their identities were disclosed.

While the public isn’t getting some of the nitty-gritty details that rivals would no doubt also like a glimpse of, the big picture remains easy to see. Over the holidays, Vargas granted a request by Cumulus for a preliminary injunction to block Nielsen from using its policy tying the sale of national ratings to the purchase of local market data. Vargas sided with the broadcaster when she ruled it demonstrated irreparable harm from the Nielsen policy and Cumulus showed a “strong likelihood” of success on the merits of the claims brought in its lawsuit.

The court has not only blocked Nielsen from enforcing the disputed Network Policy, but it has also separately barred Nielsen from charging what the court called a “commercially unreasonable” standalone rate for its Nationwide Report. The judge’s order also requires Nielsen to charge Cumulus a 2026 nationwide ratings rate that is equal to — or lower than — the highest annual 2026 rate Nielsen charges any other broadcaster while the antitrust suit moves forward. But to maintain the injunction, Cumulus must post a $100,000 bond, which will remain in place until the preliminary injunction is lifted.

Cumulus said the ruling affirms the strength of its position and validates the arguments it first raised in an antitrust suit filed in October. It alleged the tying of national and local ratings is a “textbook abuse of monopoly power” that harms competition by preventing radio stations from freely choosing the local radio ratings data providers they want.

But Nielsen maintains that its policies and practices are legally compliant, and has said it looks forward to “fully vindicating” its position as the case proceeds. Nielsen has accused Cumulus Media of waging a “lawfare” campaign and telling the court last week that the radio group sought a 50% reduction in its fees that it “never offered.” The ratings company is worried that such a discount would “open the door” to other “improper and frivolous requests” from station subscribers.