As with many situations it is a mistake to take the easy predictable outcome of the NYT report that the Dept of Justice will not approve the merger. It is all about what is really wanted at the end of it all. With that in mind, the Government is NOT against the merger - they could be against their perceived or real feelings of what the merger might mean however. That is a monopoly or less competition. I predict the merger will be approved but with the new combined company actually helping to pave the way for competing DBS companies. It could be by giving up a satellite spot, or one of many other agreements. And in the end the Government will say they have actually fostered competition both within the DBS industry and between the DBS industry and Cable.