Not to mention, imagine the legal headache for the DOJ to stop a merger on as-yet unpublished principles. "Arbitrary & capricious" and various violations of rul

Not to mention, imagine the legal headache for the DOJ to stop a merger on as-yet unpublished principles. "Arbitrary & capricious" and various violations of rules like the Administrative Procedures Act would be thrown out in court. It's a little sketchy as is that the DOJ can change its criteria without any decision in Congress, but at least this is closer to following the contours of the law as is rather than arbitrary decision-making.