Competition rules for bundle prices
The Nielsen v. Cumulus Media New Holdings
In brief
- Where it stands
- Petition Pending
Awaiting an order on the petition
- What it’s about
- Nielsen and Cumulus dispute whether Nielsen’s separate and discounted bundled radio-ratings prices could amount to an unlawful forced bundle (“constructive tie”) under federal antitrust law, even though no one claims the prices were below cost; the Second Circuit upheld a temporary order barring Nielsen from charging a “commercially unreasonable” rate.
- What's at stake
- The temporary order restricts the rates Nielsen can charge in its dispute with Cumulus.
Summary: written with AI from the case record.
What it's about
Nielsen’s request for Supreme Court review is pending.
No one alleges below-cost pricing; the dispute is whether a standalone price judged too high compared with a discounted bundle can count as a forced bundle under Section 2 of the Sherman Act.
Question presented
Whether a seller who offers its products separately and in a bundle, at prices never alleged to be below cost, may be held liable under Section 2 of the Sherman Act for a “constructive tie” because a court deems a standalone price too high relative to a discounted bundle?
What happens next
The justices must decide whether to hear the case. The petition was sent to their Nov. 13, 2026 conference, but that listing does not guarantee an order that day.
Documents
Docket activity
New analysis added
AI analysis generated: Case Briefing
Case data updated: summary, question_presented, generation_metadata
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Case data updated: documents, description, document_url, proceeding_type
Case data updated: documents, description, document_url, proceeding_type
Case data updated: documents, description, document_url, proceeding_type
Case data updated: documents, description, document_url, proceeding_type
Brief added: Petition
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.