Nielsen has asked the Supreme Court to review a lower court ruling favoring Cumulus Media in their antitrust dispute. The radio ratings battle is now scheduled for the justices’ November 13 conference.
What We Know: The Supreme Court scheduled Nielsen’s petition for a November 13 conference. The justices will consider whether to hear its antitrust dispute with Cumulus Media. Cumulus sued in October 2025, alleging Nielsen unlawfully tied its national Nationwide ratings to local ratings purchases. Cumulus wanted to keep national ratings for Westwood One while using rival Eastlan Ratings in certain local markets.
However, Nielsen then offered standalone Nationwide access at what’s reportedly ten times Cumulus’ previous rate. As a result, U.S. District Judge Jeannette Vargas of the Southern District of New York issued a preliminary injunction in December. It blocks Nielsen’s policy and prohibits commercially unreasonable standalone pricing. The Second Circuit upheld the ruling in July and denied rehearing in August. Nielsen then petitioned the Supreme Court in September, arguing the ruling conflicts with other appeals court decisions.
Meanwhile, Cumulus waived its right to respond unless the Court requests one, and two outside groups backed Nielsen’s petition. Separately, the Second Circuit stayed an enforcement order that threatened Nielsen with $50,000 in daily penalties. Moreover, the original injunction remains in effect.
What Remains Unclear: It’s uncertain whether the Supreme Court will agree to hear Nielsen’s appeal or leave the preliminary injunction in place. Meanwhile, the separate dispute over standalone Nationwide pricing remains unresolved. Finally, It’s unclear whether the outcome will encourage more broadcasters to consider competing local ratings providers like Eastlan.
What It Means: The dispute could change how broadcasters purchase radio ratings in the future. If Cumulus ultimately prevails, stations could gain more flexibility to choose different providers for national and local ratings. That could create opportunities for smaller competitors like Eastlan while potentially putting pressure on Nielsen’s pricing practices. For Cumulus, a favorable outcome could provide greater control over ratings expenses while maintaining access to Nielsen’s national data for Westwood One. Beyond radio, Nielsen argues the ruling could have broader implications for how businesses bundle and price their services.
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