The Supreme Court has asked Cumulus Media to respond to Nielsen’s appeal in their ongoing radio ratings antitrust dispute. The media company now faces a December 7 deadline, delaying the justices’ decision on whether to hear the case.
What We Know: The Supreme Court issued its request November 5th, after Cumulus previously waived its right to respond unless asked. Nielsen’s petition was originally scheduled for the justices’ November 13th conference, but the request delays consideration until December at the earliest. The development doesn’t guarantee the Supreme Court will hear the case.
The dispute began when Cumulus sought national ratings for Westwood One while using competitor Eastlan in certain local markets. Cumulus sued Nielsen in October 2025, alleging its sales policy unfairly linked national ratings access to local ratings purchases. A federal judge blocked Nielsen’s policy in December, also prohibiting commercially unreasonable standalone Nationwide pricing. The Second Circuit upheld the injunction in July, and Nielsen unsuccessfully sought rehearing before petitioning the Supreme Court in September. Separately, Nielsen is appealing a judge’s rejection of its standalone pricing proposal. That enforcement order remains stayed, while the original injunction remains in effect.
What Remains Unclear: Whether the Supreme Court will agree to hear Nielsen’s appeal remains uncertain. Cumulus has not yet submitted its response, leaving its arguments against Supreme Court review unknown. Additionally, the justices have not indicated when they might decide whether to take the case.
What It Means: The Supreme Court’s request gives Nielsen another opportunity to challenge restrictions on its radio ratings business, although a hearing remains uncertain. The outcome could affect how Nielsen sells its national and local ratings services and broadcasters’ ability to choose competing providers. For Cumulus, the case could preserve greater flexibility to purchase ratings from different companies without facing unfavorable pricing. Beyond radio, the dispute could influence how courts evaluate bundled discounts and competition across industries. Meanwhile, the original injunction remains in effect as the legal battle continues.
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