The Supreme Court has set a date to consider whether to take up Nielsen’s antitrust battle with Cumulus Media, putting the radio ratings dispute on the justices’ calendar for a conference next month among the nine justices. The case centers on a lower court ruling that blocked Nielsen from requiring broadcasters to purchase its local radio ratings to gain access to its complete national ratings service.
The court’s docket now lists Nielsen’s petition as “distributed for conference” on Nov. 13, when the justices are scheduled to consider whether the case warrants Supreme Court review. The scheduling doesn’t mean the court has agreed to hear the appeal. The justices could accept the case, reject Nielsen’s petition or defer a decision. A decision could be announced as early as the following week, although the court could also take longer.
Nielsen is asking the Supreme Court to review the Second Circuit’s July ruling upholding a preliminary injunction that blocked its policy tying access to complete Nationwide radio ratings to the purchase of local ratings. Cumulus challenged the policy after seeking to continue buying Nielsen’s national ratings for Westwood One while using rival Eastlan for local ratings in some markets.
The scheduling follows a legal gamble played by Cumulus earlier this month when it waived its right to respond to Nielsen’s Supreme Court petition unless the justices explicitly request one in order to make a decision on whether to hear the case or not. That decision doesn’t mean Cumulus is conceding Nielsen’s arguments or abandoning its antitrust case. Instead, it is more like playing the odds that the justices will opt not to hear the case since the Supreme Court denies roughly 99% of all petitions asking it review lower court decision.
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