For some nine months India’s New Delhi TV (NDTV) a popular general entertainment channel, has been suing ratings agency Nielsen and ad agency WPP which jointly run India’s own ratings agency TAM Media Research. NDTV is arguing, in a $1 billion lawsuit, that it has lost “hundreds of millions of dollars” because of inaccuracies in TAM’s number crunching in India.
Last week a New York court, where the case was being heard, threw the claim out saying that while the claim might have validity it should be argued in India, and not New York.
However, NDTV in a fresh appeal is now saying that the suit must be heard in New York because the Indian operation used the Nielsen process which Nielsen controls from New York. They further state that while the New York court determined that it was TAM’s alleged misconduct in India that was being argued, in fact the case is based solely on conduct of the New York-based Nielsen.
Moreover, the appeal states that India’s courts have no jurisdiction over Nielsen Inc. The appeal argues that NDTV brought the alleged deficiencies in TAMs methodology to in India to Nielsen and WPP’s notice but nothing was changed.
WPP and Nielsen both state that the claim, which they deny, should be heard in India.