I'd love to see somebody try to prove in court that ebook readers and ebooks are totally *separate businesses* and that it should be illegal for one company to do both. At that point we *would* be living in an Ayn Rand novel.
The courts have already made it clear that "blame Amazon" doesn't play in antitrust court so its just delusional to hope it'll fly this time because "it's unfair!".
It didn't work against iPod and it won't work against Kindle.
Whatever success Kindle may or not have it's because consumers are voting their wallets, not because the publishers are in cahoots with Amazon. (What, are we to pretend the Agency Conspiracy didn't happen?)