“Not Our Fault” could be the title of Nielsen’s latest filing in federal appeals court. The ratings company says Cumulus Media can’t blame its bankruptcy on the two companies’ ongoing ratings dispute, arguing instead that the broadcaster’s financial collapse was driven by broader industry and economic pressures. The goal of the argument is to undercut efforts by Cumulus to uphold a restraining order that would prevent Nielsen from tying local and national ratings products together while an antitrust case moves forward.
“All along, Cumulus said emergency relief was needed to avert imminent crisis,” Nielsen writes in a brief. “That premise is gone. Bankruptcy has now occurred, and a preliminary injunction cannot stop what has already happened.”
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