Court clears way for cumulus to enforce nielsen ruling
The gist
A federal appeals court has cleared the way for Cumulus Media to finally enforce an antitrust injunction against Nielsen, reigniting the battle over fair access and pricing in radio ratings.
What to know
- On August 25, 2026, the Second Circuit issued its mandate, lifting the stay and reinstating Judge Jeannette A. Vargas’s antitrust injunction against Nielsen.
- The mandate ends months of legal limbo and lets the district court decide if Nielsen’s Nationwide radio ratings offer actually complies with the injunction.
- Cumulus Media has accused Nielsen of deliberately stalling access to its ratings, arguing this undermined competitive pricing and fair market access.
Cumulus Calls Out Nielsen
Cumulus Media accused Nielsen of intentional delay tactics in court, spotlighting tensions over access to crucial radio ratings data.
Amid procedural limbo before the formal issuance of the Second Circuit's mandate, Cumulus Media pressed Judge Vargas to enforce the preliminary antitrust injunction against Nielsen, accusing the ratings giant of deliberately stalling access to its Nationwide radio ratings product. This enforcement push underscored Cumulus's frustration with what it characterized as Nielsen's delay tactics, which threatened to undermine the court's intent to restore competitive pricing and fair access in the radio ratings market.
Mandate Breaks Legal Gridlock
The Second Circuit’s mandate ends procedural stalling, shifting the fight to whether Nielsen’s new radio ratings terms truly meet antitrust standards.
The long-anticipated issuance of the Second Circuit's mandate, expected on August 25, is set to formally conclude the appeal and break the procedural logjam that has stalled Cumulus Media's efforts to enforce its preliminary antitrust injunction against Nielsen. This development clears the way for the district court to move beyond procedural wrangling and directly address the substantive dispute over whether Nielsen's pricing and access terms for its Nationwide radio ratings product comply with the injunction. With the mandate in hand, the focus will shift to the unresolved question before Judge Vargas regarding the fairness and compliance of Nielsen's standalone ratings offer to Cumulus.
Judge Vargas Regains Authority
With appellate barriers removed, Judge Vargas can now enforce her antitrust order against Nielsen after months of jurisdictional pause.
The Second Circuit formally issued its mandate on August 25, 2026, effectively vacating the stay that had suspended the preliminary antitrust injunction against Nielsen and reinstating Judge Jeannette A. Vargas’s December 30, 2025 order in favor of Cumulus Media. This mandate clears the procedural fog that had stalled enforcement, confirming that the district court’s injunction on Nielsen’s Nationwide radio ratings pricing and access terms is back in full effect.
Prior to the mandate’s issuance, Judge Vargas refrained from acting on Cumulus’ enforcement request, citing a lack of jurisdiction while Nielsen’s appeal and rehearing petitions were pending before the Second Circuit. The appellate court’s denial of Nielsen’s rehearing request on August 18 paved the way for the mandate, removing procedural barriers and empowering Judge Vargas to proceed with enforcing the antitrust injunction without further delay.