The Paul, Weiss Antitrust Practice advises clients on a full range of global antitrust matters, including antitrust regulatory clearance, government investigations, private litigation, and counseling and compliance. The firm represents clients before antitrust and competition authorities in the United States, the European Union, the United Kingdom and other jurisdictions around the world.
Nielsen Acquisition of Arbitron Cleared by FTC
- Client News
- September 20, 2013
Paul, Weiss achieved a significant victory for long-time client
Nielsen Holdings N.V., a leading global provider of information and
insights into consumer trends and leading provider of television
audience measurement services in the U.S., when the Federal Trade
Commission cleared Nielsen's acquisition of Arbitron, a leader in
radio audience measurement services. The $1.3 billion transaction
was subject to intense antitrust scrutiny and a "second request" by
the FTC, primarily focused on its concern that the elimination of
potential future competition between Nielsen and Arbitron might
cause customers to pay more for national syndicated cross-platform
audience measurement services (measurement across multiple
platforms such as television and online).
Nielsen presented evidence that the area of cross-platform
measurement is still in its early stages and its value has not yet
been determined by the market. In compromise, Nielsen agreed to
sell and license, for a period of years, certain assets related to
Arbitron's cross-platform audience measurement services to an
FTC-approved buyer, if one presents itself, within a short period
of time. The successful clearance of the transaction by the FTC
with these favorable conditions clears the way for Nielsen to close
its acquisition of Arbitron at the end of the month. Not only does
Nielsen's agreement with the FTC allow Nielsen to proceed with the
deal, it also preserves the market landscape in place before the
announcement of Nielsen's intent to acquire Arbitron and does not
affect any Nielsen assets.
The Paul, Weiss team included litigation partner Aidan Synnott
and counsel Maria Keane, Daniel Crane
and Didier
Malaquin. Litigation partners Leslie Fagen and Joseph
Simons assisted on the matter.