The decision comes mere weeks after a court dismissed Sunbeam’s anti-trust claims, saying they fell short in establishing the existence of a “willing and able” competitor who had been excluded from competing against Nielsen.

Sunbeam had accused the research firm of abusing its dominant market position by introducing a new audience measurement system, alleged flaws in which led to an undercounting of the audience for Sunbeam’s Miami TV channel WSVN, costing it ad revenue.

Neither party will pay costs and both have agreed to waive any rights of appeal in the future, according to a joint stipulation of dismissal, filed this week.