Nielsen Fails in Bid to Dismiss Sunbeam Case

Sunbeam Television's lawsuit against Nielsen Media Research, filed last April, looks like it might be going to court after all, following a decision by a Florida judge. The claims centre around lower audience figures from Nielsen's new LPM system.

Sunbeam's allegations - dismissed in two previous rulings but kept alive each time by judges granting leave to amend - say the audience research giant has a monopoly, leaving television stations such as WSVN 'with no choice but to purchase Nielsen's ratings in order to market air time to advertisers' and that it has 'abused its monopoly position by charging artificially high prices, offering inferior and flawed ratings services in a take-it-or-leave-it basis, and engaging in exclusionary tactics to prevent competitors from gaining a foothold in the industry.'

Sunbeam is the owner of WHDH-WLVI Boston and WSVN Miami. Nielsen switched on its Local People Meters (LPMs) in the latter city in October 2008, apprently 'decimating' WSVN's audience rating and revenue.

Nielsen's latest attempt to have the suit dismissed claimed Sunbeam had failed to allege that potential competitors were excluded from the Florida market, but Judge Paul C. Huck of the United States District Court for the Southern District of Florida pronounced the court 'satisfied' that Sunbeam had done so and ordered Nielsen to file 'an answer to the second amended complaint' by March 25th.

Nielsen has so far issued a statement noting that 'The judge in this case has repeatedly expressed his concern as to the merits of Sunbeam's claims... We look forward to proving that Sunbeam's claims, are, in fact, completely without merit.'

Web sites: www.nielsen.com and www.wsvn.com .

All articles 2006-23 written and edited by Mel Crowther and/or Nick Thomas, 2024- by Nick Thomas, unless otherwise stated.

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