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The DoJ should also keep a closer eye on Amazon. Instead, the DoJ handed Amazon the ebook business on a silver platter with "Jeff Bezos Pwns Ebooks" engraved on it.
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If Amazon breaks the law than the DOJ should get involved. I fail to see how enforcing the law is a bad thing.
It is up to BN, Apple, Kobo, Google, Sony and the like to find a way to compete against Amazon within the law. It is up to Amazon to compete while following the law.
The DOJ is enforcing the law. They are not taking sides in a business venture. They are saying that there was collusion between Apple and five Publishers. Three Publishers felt that the DOJ had a strong enough case that it made sense to settle, probably providing the DOJ with even more evidence against Apple and the remaining two Publishers.
I am sorry that BN ran its business poorly enough that it is struggling. I am happy to see that they are trying to innovate their way out of trouble. I hope that the Nook sticks around but I don't think that the DOJ should choose not to pursue a lawsuit against Apple and the Five Publishers because it had the side benefit of propping up BN.
That BN is in a crappy position financially should not matter to the DOJ. That the settlement might hurt BN should not matter to the DOJ. That the law was broken is all that should matter.