Rivals, Deals, and Litigation Collide
Nielsen, the global authority in audience measurement and marketing analytics, is trying to offload its marketing mix modeling (MMM) business—a tool that measures the effectiveness of marketing efforts—to Circana, a prominent consumer intelligence firm.
NIQ, the Nielsen spin-off that now operates as a fierce competitor to Circana, allegedly cut off both Nielsen and Circana from shared consumer data, violating a 2021 master services agreement, according to Nielsen’s attorneys.
“We are seeking a TRO that fully maintains the status quo,” said Colin B. Davis of Gibson Dunn & Crutcher LLP, requesting the court to block NIQ from revoking access even if the Circana sale is finalized.
But NIQ pushed back. Its attorney, Ryan D. Stottmann of Morris Nichols Arsht & Tunnell LLP, argued that the requested relief was improper.
“This would change the status quo to implement a disputed contract term that will be sorted out in the case,” he said.
A Separate Suit Still Simmering
The drama doesn’t end there. Nielsen Holdings filed a separate lawsuit on June 10 to compel Circana to close the MMM business deal—but that filing, along with Circana’s reply, remains sealed.
As the court now awaits a draft TRO order to be finalized by both parties, the broader fight over consumer data and industry control presses forward.
