⚖ Oral Arguments, with Context

The Second Circuit considers Nielsen's request to pause a district-court order enforcing an antitrust injunction in favor of Cumulus. Cumulus uses Nielsen audience data to price and sell radio advertising. It sued after Nielsen conditioned access to its Nationwide report—the only national report of its kind—on buying Nielsen's local ratings in every market where Cumulus operates. The district court preliminarily barred that policy and commercially unreasonable standalone pricing; the Second Circuit affirmed in July. When the parties' contract neared expiration, Cumulus moved to enforce the injunction, and the district court granted the motion. Nielsen will contend that the resulting order went beyond the injunction and became an unlawful forced sale. Cumulus will answer that the court merely enforced its existing order and that losing Nationwide costs it customers and goodwill. The panel must first decide whether the enforcement order modified the injunction enough to permit an immediate appeal, then whether it should remain paused.

Cumulus Media New Holdings Inc. v. The Nielsen Company (US), LLC (No. 26-2516) — U.S. Court of Appeals for the Second Circuit, argued September 16, 2026.