Nielsen Seeks Supreme Court Review of Pricing Injunction Affecting Cumulus Media
What happened
Nielsen has filed a petition for a writ of certiorari asking the Supreme Court to review a Second Circuit ruling regarding an antitrust injunction. The injunction concerned pricing disputes involving Cumulus Media. The Second Circuit upheld a preliminary injunction granted to Cumulus on December 30, which was based on the legal theory of 'constructive tying.' This theory held that because the standalone price of Nielsen's services was exorbitant compared to a bundle, Cumulus had no choice but to accept the offer, constituting an unlawful tie under the Sherman Act.
From radioink.com
Why it matters
The challenge tests the application of the 'constructive tying' theory against the Sixth and Ninth Circuits' requirements for proving below-cost pricing. The outcome of the Supreme Court's review could establish a national precedent regarding pricing practices in the media and technology sectors.
From radioink.com
Who's involved
- NielsenRatings giant petitioning the Supreme Court to review the pricing challenges.
- Cumulus MediaRadio broadcasting company at the center of the pricing dispute and injunction.
- supreme courtThe highest court whose review is being sought to establish national legal precedent.
- GoogleTechnology company whose ad-tech litigation is impacted by the ruling.
- Live Nation EntertainmentEntertainment company facing potential regulatory action regarding antitrust legal precedent.
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The entities involved
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Google
American multinational technology company, a subsidiary of Alphabet Inc.
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Cumulus Media
American radio broadcasting company
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