Supreme Court of the United States · Official docket →
The Nielsen Company (US), LLC v. Cumulus Media New Holdings Inc.
Paid petition · United States Court of Appeals for the Second Circuit, No. 26-88 · judgment July 13, 2026
(petition-stage, structural)
About 9.7× the 4.1% base rate. The model weights this up for counsel who has won certiorari before, a petition filed soon after the judgment below, and a Second Circuit decision below, and down for a business respondent.
Question presented
The Nielsen Company (US), LLC offered its radioratings products to Cumulus Media New Holdings Inc. both bundled at a discount and on a standalone basis, at prices no one contends were below cost. The Second Circuit nonetheless held that the standalone offer was likely an unlawful “constructive tie” under Section 2 of the Sherman Act because the price was so “exorbitant” that Cumulus had “no choice” but to take the bundle. The court then affirmed a preliminary injunction barring Nielsen from charging a “commercially unreasonable rate.” The question presented is: 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.
Counsel of record
For petitioner
Thomas Henderson Dupree Jr.
Gibson, Dunn & Crutcher, LLP
For respondent
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Case
Conference history
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Proceedings
- Sep 15 2026Petition for a writ of certiorari filed. (Response due October 19, 2026)