Second Circuit Denied Cumulus Media Rehearing
The court rejected a petition for an en banc rehearing in the ongoing antitrust case against The Nielsen Company.
Updated on Oct. 13, 2026 in Advertising
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The US Court of Appeals for the Second Circuit has denied a request from Cumulus Media New Holdings for an en banc rehearing. This decision continues the legal proceedings in an antitrust dispute between the company and The Nielsen Company.
Why it matters
The denial of this rehearing request keeps the focus on the current appellate process regarding national radio ratings data. The court's previous order to stay an injunction pending appeal remains active during this ongoing litigation.
The court issued a formal order denying the petition for an en banc rehearing following the prior stay of an injunction. The underlying antitrust litigation involves the specific handling of national radio ratings data.
The players
Cumulus Media New Holdings
This entity is a media company involved in an antitrust legal challenge regarding radio audience metrics.
The Nielsen Company
The Nielsen Company is a global data and market measurement firm that provides media ratings across various platforms.
US Court of Appeals for the Second Circuit
This federal appellate court holds jurisdiction over cases from district courts in Connecticut, New York, and Vermont.
The details
The Second Circuit Court of Appeals rejected the bid by Cumulus Media New Holdings to have the full court review the case. An existing stay of an injunction concerning national radio ratings data remains in force while the appeal continues.
Timeline
October 13, 2026: The court denied the petition for rehearing.
Market Landscape
This ruling maintains the current procedural status of the ongoing antitrust litigation between Cumulus Media and Nielsen. It underscores the challenges media companies face in challenging established data measurement standards within the industry.
The continuation of this legal battle may impact how radio audience data is measured and reported for advertisers across the country. Clients should monitor future court rulings as they may affect the consistency of radio market performance tracking.
The takeaway
The appellate process continues to keep the existing injunction on hold during the review of these antitrust claims. Interested parties should watch for future court scheduling that may finalize the standards for national radio ratings.
Further reading
For more context on how data measurement impacts industry competition, visit the Advertising section.
Source note: This article includes information reported by Mlex.
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