Nielsen says a federal appeals court invented a new way to sue over pricing, and it wants the Supreme Court to shut it down. The company has asked the justices to review what it calls an “egregiously wrong” Second Circuit ruling that kept an antitrust injunction in place over its dealings with Cumulus Media.
The ratings giant filed a petition for a writ of certiorari, asking the Supreme Court to review the Second Circuit’s decision in its year-long antitrust fight with Cumulus Media.
The case traces back to a preliminary injunction a district court granted Cumulus on December 30, which the Second Circuit affirmed on July 13. The appeals court denied Nielsen’s request for rehearing en banc on August 18, clearing the way for Nielsen to seek Supreme Court review.
At issue is a legal theory the Second Circuit called “constructive tying.” Nielsen sells local radio ratings and a national Nationwide report that aggregates the local data, and it offered Cumulus both bundled at a discount and Nationwide on a standalone basis, at prices no one disputes were below Nielsen’s costs. The Second Circuit held that the standalone price was so “exorbitant” compared to the bundle that Cumulus had “no...