A corporate data showdown is heating up in Delaware Chancery Court, where Nielsen Holdings Ltd. scored an early legal win in its ongoing battle over data access rights with Nielsen Consumer Inc. (NIQ)—a spinoff it launched in 2021. The lawsuit, tied to Nielsen’s intended sale of a business unit to rival Circana LLC, took a sharp turn Friday as the court granted a partial temporary restraining order (TRO) and set an expedited trial for July 22.
At the heart of the Nielsen Holdings Circana suit is a bitter feud over who gets access to mission-critical consumer data. Nielsen claims NIQ tried to choke off its and Circana’s access in a bid to undermine a pending transaction—and strengthen NIQ’s position as Circana’s direct rival.
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Vice Chancellor Nathan A. Cook, while cautious not to expose sealed details, said the record supports a TRO—at least for now—to preserve Nielsen’s access to the disputed data.
“My sense is that NIQ does not really dispute entry of a TRO with respect to data access for Nielsen,” Judge Cook said, adding, “The expectation is that Nielsen’s access will continue through any closing of the transaction.”
The situation surrounding Circana’s access, however, remains unresolved. The court will address that question at trial, as Cook suggested granting access to Circana may not align with preserving the “status quo” typically protected under a TRO.