TV ratings giant Nielsen is running into rising regulatory static over its $1.26 billion deal for Arbriton, the dominant radio measurement firm.
Rather than wrapping up its months-long review of the deal as expected, the Federal Trade Commission is busy sending out additional requests for information, The Post has learned.
The latest round of questionnaires went out to TV station owners that stand to be affected by the merger of the two measurement giants, according to sources.
The FTC will decide whether to let the deal go through or move to block it. It could also enter into a settlement with Nielsen, in which the company agrees to divest assets or make other changes to win approval for the deal.
“If they’re still currently talking to sources, then it does make you wonder. It may be they’re thinking of whether there are remedies,” said Sally Hubbard, an antitrust lawyer and former assistant attorney general for New York.
The FTC declined to comment.
Nielsen said at the end of July that it expects to have an indication of where the merger stands by the end of this month. Nielsen CEO David Calhoun, speaking on a call with investors, said the company had complied with the FTC’s latest request for information and was just awaiting a signal.
“It is on them to come back to us,” he said.
The FTC has already held up the deal once after issuing a second request for information on March 8. After the companies comply with the request, the FTC has 30 days to complete its review and take action.
Nielsen could force the FTCs hand by not granting regulators more time to review the deal once the 30-day clock runs out at the end of this month.
That might work in Nielsen’s favor since the FTC now has only four commissioners — there is one vacant seat — and three of them have to agree to block a deal. A full commission will likely be in place around October.
In December, Nielsen reached a deal to buy Arbitron for $48 a share, or $1.26 billion. It also agreed to pay a $131 million breakup fee — more than 10 percent of the purchase price — should the deal fail to pass regulatory muster.
Calhoun has expressed confidence that the deal will be cleared, arguing that the there is little overlap between the companies because they operate in different media sectors.