This is interesting, but there are a few items to note:
1. The DOJ issued a second request to Sirius and XM. Second requests are a mechanism to obtain additional information. While this information does flow into the DOJ, it would be hard to believe that things can be in their final stages until Sirius and XM certify that they have complied with the second request. Sirius has stated that they anticipate certifying this by the end of August, and XM by the end of September.
2. The Whole Foods merger simply bolsters Sirius and XM's ability to challenge if the decision does not go their way. It also serves as a bit of a guideline for the DOJ and FCC in looking at market definition. Yes the industries differ, but the importance of the Whole Foods merger rests with how the competitive landscape is defined. Clearly the courts see that more companies are getting into more diversified business positions.
3. With the comment and reply periods now over, the next step is with the FCC. Regarding the DOJ, the next step still rests with Sirius and XM.
I found this line from the article most interesting
With respect to remedies, it is understood that none have yet been discussed and nothing is considered a surplus.