The Supreme Court denies roughly 99% of all petitions asking it review lower court decision, and Cumulus Media is playing those odds in its ongoing legal battle with Nielsen. The radio group is choosing not to challenge Nielsen’s bid for Supreme Court review, at least for now, even as two outside groups are urging the justices to take up the radio ratings antitrust case. Both groups argue that the appeals court ruling against Nielsen could have consequences far beyond broadcasting, potentially putting bundled discounts used by businesses across the economy under greater legal scrutiny.
On Monday (Oct. 19), Cumulus formally waived its right to respond to Nielsen’s petition unless the Supreme Court requests one. The decision doesn’t mean Cumulus is conceding Nielsen’s arguments or abandoning its antitrust case. The justices can consider Nielsen’s petition without a response, request one from Cumulus, or decline to hear the case altogether.
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