The article refer to the fact that these ebooks are limited to the Kindle and that is part of the lawsuit. I don't believe it is too late to happen; the DoJ seem to always wait for someone to complain before they act, so it might be what was needed.
No. The suit is riddled with technical inaccuracies and Amazon's lawyers, after having a huge laugh, will probably get summary judgment dismissal because the plaintiffs are idiots.