Nielsen tells judge Cumulus is weaponizing the courts for half-off ratings deal

Nielsen is pushing back against Cumulus Media’s attempt to secure emergency contract relief, telling a federal judge the broadcaster is trying to use antitrust law to force Nielsen into a rewritten ratings deal at half price — terms the measurement giant says it never offered and cannot sustain.

In a filing in federal court in New York — filled with multiple redactions — Nielsen wastes no time framing its defense. It alleges Cumulus Media wants to renew its contract with Nielsen, but pay 50% less for the same services. Nielsen says that demand amounts to asking a court to order the ratings company to provide its services at an “untenable price” that Nielsen says it “never offered” to Cumulus Media. It calls the request “unprecedented” and warns if the court goes along with the request, it would “open the door” to other “improper and frivolous requests” from ratings subscribers.

“At bottom, Cumulus and Nielsen are in a run-of-the-mill pricing dispute,” Nielsen argues. “The fact that Cumulus — a company with $700 million in revenue and $90 million cash on hand —would prefer this Court to impose on Nielsen a partial contract reflecting Cumulus’ preferred pricing is insufficient reason for the court to award the requested relief.”

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