Summary Judgment Granted for Nielson Extinguishing Antitrust Claims

Southern District of Florida Judge Paul Huck granted partial summary judgment for Nielson on an antitrust claim, deferred ruling on breach of contract and Florida’s Deceptive and Unfair Trade Practices Act claims. The plaintiff, Sunbeam Television Corp., alleged that Nielson used faulty viewership data to plummet ratings for Sunbeam’s stations. Sunbeam also alleged that Nielson excluded competitors through exclusionary tactics. But Judge Huck ruled that because Sunbeam was unable to proffer evidence of a willing and able competitor, it failed to prove that Nielson excluded competition.

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