As Hart has stated multiple times here and elsewhere, he is not against the merger, but the valuation that XM is getting in the merger.
His take: If people knew that interop radios were indeed a reality, rather than merging and taking on XMs problems, Sirius could theoretically petition the FCC to force XM to turn on the interop radios. If retail sales are any indication, when given the choice, people tend to choose Sirius over XM. If given this choice in OEMS, it is assumed that the same percentages would be seen. This would make Sirius much more valuable of a company.
The existance of interop radios already being installed in vehicles is quite compelling. The largest concern I have about this merger is how the transition will go, because as two seperate broadcasts, Sirius/XM cannot realize even half of the expected synergies.
Many people have called Hartleib a conspiracy theorist on other boards, and I for one partially agree. However, I will throw another conspiracy at you: What if these two class action suits were in fact perpetuated by Sirius and/or XM in order to actually protect THEMSELVES. This class action suit gets settled for nothnig more than an additional FCC filing, and in the process, the "CLASS" gets screwed out of all rights. Sirius/XM flip the switch, turn on interop radios, and the "CLASS" has no rights to anything because they did not opt out.