Yet nobody seems to ever ask whether or not the merger is a question of survival - would TM or LN poof out of existence if they didn't have this release valve? - or simply just another attempt to stifle existing competition in the market.
People who are really opposed to this will probably think this is wildly off base, but if it came to pass...isn't that worse than one company absorbing the other because although the endgame is similar, it's messier and doesn't necessarily improve the overall situation.
An example: Barclays acquisition of Lehman Brothers business in North America in 2008 after the latter imploded. They had an agreement in principle, but the government balked, so it happened after the fact...bringing an even larger crisis along with it.