This merger is taking entirely too long to complete. (Over a year). The merging of Sirius and XM is in no way a monopoly. Right now, these companies represent only 4% of the national radio market! Plus, there is entirely way too much competition from all sorts of media, not just terrestrial radio. (Think CD's, MP3's, Podcasts, HDRadio, etc.)
Jim Cramer host of CNBC's Mad Money has gone on record to read names of those congressmen accepting money from lobbyists (National Board of Broadcasters), to influence their vote against the merger. This is turning into quite a politically influenced case.
Examples of other controversial mergers approved by the Department of Justice that were NOT considered monopolistic (Shows how silly this stink over XM/Sirius is).....
-Exxon Mobil merger took 11 months in 1999 and has grown into the largest privately held company in the world. ExxonMobil has the largest sales and profits from any privately- held company ever in 2007.
-Whirlpool's purchase of Maytag took 7 months to approve in 2006. At the time, Whirlpool was the market's largest appliance manufacturer and Maytag was the second. After the acquisition's approval, Whirlpool manufactured over 50% of the dishwashers in the U.S. and 70% of the clothes washers and dryers. Analysts agree that Whirlpool's products' prices have risen since the acquisition.
-AT&T's purchase of Cingular, in 2004, took 7 months to be approved. It created the nation's largest cell phone company.
Again, Sirius and XM are hoping to merge to own 4% of the radio market. It's been over a year to decide if Sirius and XM will be a monopoly? Incidentally, Sirius and XM's merger is valued at $4.5 billion, while ExxonMobil's was $80 billion and AT&T's purchase of Cingular was $41 billion.