Nielsen Seeks Dismissal of Indian TAM Suit

Two and a half months after its partner WPP did the same, Nielsen has filed a motion with the New York Supreme Court for dismissal of the lawsuit brought by broadcaster New Delhi Television (NDTV) against their TAM joint venture in India.

The suit, valued at almost a billion dollars, accuses Kantar and Nielsen of violating anti-bribery laws through TAM. Nielsen argues that the suit should be filed in India and not New York, and points out that NDTV - which has taken the TAM service for fourteen years - has never previously pursued any action against it despite reportedly starting to question the accuracy of TAM as early as 2001 and citing that the data had been flawed since 2004.

The Nielsen document continues: 'Now, at least eight years after NDTV determined that TAM's TV ratings data are 'not reliable', it sues four separate Nielsen entities-none of which is a joint venture partner in TAM or has ever executed an agreement with NDTV regarding TAM's subscription service-in this Court, asserting a grab bag of irrational and defective claims apparently under New York state law. According to NDTV, these Nielsen companies should be held liable under contract and tort law based on meetings NDTV had with a few Nielsen representatives in 2012 - in India - concerning NDTV's allegations about TAM's TV ratings data.'

Nielsen says the NDTV suit 'blatantly ignores' the company with which it directly does business, attempting to bring a lawsuit in a country in which TAM has no contracts, and fails even to name TAM, the company with which it has its ratings deal and whose reputation is 'viciously attacks'. It concludes: 'NDTV attempts to transform a potential contract claim against TAM into tort and oral contract claims against the Nielsen defendants. Nothing in the law supports such a magic trick.'