comScore and Nielsen Settle Dispute over Extended TV

comScore and Nielsen have settled their lawsuit over the launch of the former's Extended TV service. The companies remain tight-lipped about the terms, but the service is now expected to roll out.

Last September, Nielsen filed a suit to prevent comScore from launching the new service, which makes use of Nielsen's PPM technology. comScore was guaranteed access to that technology at the time of the Arbitron acquisition (September 2013) - the megadeal was cleared by the FTC with the proviso that Nielsen must license the PPM technology for a period of eight years to comScore and other parties including researchers and TV networks.

The latter encompassed comScore and sports entertainment company ESPN, with whom comScore and Arbitron had been working to develop a pioneering measurement solution spanning radio, TV, PCs, smartphones and tablets. Nielsen was therefore unable to object to the launch of Extended TV as a cross-platform media measurement service, but said it believed comScore intended to offer it also as a standalone TV measurement service, putting it in direct competition with the ratings giant and causing 'irreparable harm' to its business. comScore said it believed it was 'acting properly under the FTC's Order' and that 'its contracts with Nielsen require[d] the matter to be resolved exclusively through arbitration, and not in the Courts'.

To an extent comScore seems to have got its way - the matter has been settled out of court (a relief no doubt given the firm's recent legal bills), with the case officially and voluntarily dismissed on 10th May; and comScore says it is allowed to test, market and sell Extended TV. Terms of the agreement have been kept confidential, with Nielsen's own statement simply saying the matter was 'resolved'.

comScore's acting CEO Bryan Wiener (pictured), who in a week's time will assume the role on a permanent basis, can now focus on the firm putting the past two years behind it, returning to major revenue growth and perhaps even making a profit.

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

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