Antitrust Law Daily Wrap Up, ANTITRUST NEWS: FTC seeks public comment on Nielsen’s sale of LinkMeter to comScore, (Jan 27, 2014)

By John W. Arden, J.D., LL.M.

The FTC is seeking public comment on Nielsen Holdings, N.V. and Nielsen Audio, Inc.’s Inc. application to sell its LinkMeter cross-platform audience measurement services to comScore and to enter other arrangements supporting the divestiture. The divestiture was required under a proposed FTC order settling charges that Nielsen’s acquisition of Arbitron, Inc. would less competition in cross-platform audience measurement services (In the Matter of Nielsen Holdings N.V., FTC File No. 131 0058).

At the time of the acquisition, Nielsen and Arbitron were both developing national syndicated cross-platform audience measurement services, which allow audiences to be measured accurately across multiple viewing platforms, such as television and online, according to the FTC’s September 2013 complaint. The complaint alleged that the elimination of future competition between Nielsen and Arbitron would increase the likelihood that Nielsen would exercise market power and cause advertisers, advertising agencies, and programmers to pay more for national syndicated cross-platform audience measurement services.

The proposed order requires Nielsen to sell and license—for at least eight years—certain assets related to Arbitron’s cross-platform audience measurement services to an FTC-approved buyer. Nielsen is seeking FTC approval to divest LinkMaster assets, license certain assets and capabilities, and provide equipment and services to comScore.

The application details of how Nielsen conducted a search for an appropriate buyer for LinkMaster, reasons why comScore is a qualified and viable competitor of cross-platform audience measurement services, and the ways the proposed divestiture is consistent with the terms and conditions of the proposed order.

The Commission will decide whether to approve the proposed divestiture after expiration of the public comment period. Public comments may be submitted until February 24, 2014. Written comments should be sent to: FTC Office of the Secretary, 600 Pennsylvania Ave., N.W., Washington, DC 20580. Comments can be submitted electronically here.

News: Antitrust FederalTradeCommissionNews