2. The Sherman act says nothing about the DOJ guidelines, actually, and it certainly doesn't make them law.
Here is the Sherman act:
Only sections 1 through 7 are the Sherman act.
The Sherman act is a very simple act, and nothing in it say anything about the DOJ. Feel free to point out otherwise.
Maybe you want to try to argue the various Supreme Court decisions interpreting the Sherman act say something about the DOJ.
AFAIK, they don't.
The DOJ guidelines are simply used as guideposts for companies to understand how the DOJ is likely to view a proposed act.
That's it. The DOJ doesn't have to follow them.
It even says this in the guidelines:
"By stating their general policy, the Agencies hope to
assist those who need to predict whether the Agencies will
challenge a practice as anticompetitive. However, these
Guidelines cannot remove judgment and discretion in
antitrust law enforcement."
4. Bob Kohn is a guy who made his living off running companies dedicated to digital revenue for books. He has a huge stake in this game, and in fact, has unsuccessfully objected to every settlement that doesn't agree with his theories. You should be very wary of his legal viewpoint. It's like listening to Florian Mueller talk about Microsoft or Oracle. The only difference is that Bob Kohn has been rebuked directly no his theories by judges a large number of times now, whereas Florian has just been wrong without having the pleasure of Judges directly address his craziness.