Post Oracle-Sun Merger: OpenSolaris' fate revealed (and what about Oracle's public announcement)?

Here.
From the Oracle-Sun merger decision, para 182:
"Although, with the exception of points 1, 2 and 3 (see below paragraph 184), Oracle's
public announcement is not legally binding on Oracle, the Commission considers that
the strong specificities of open source software and the vibrant ecosystem surrounding
MySQL provide for a self-enforcing mechanism ensuring that Oracle would not have
the ability and incentives to deviate from its announced future conduct. Reputation and
trust is of utmost importance for the sponsor of an open source project which depends
on contributions by a large ecosystem of users, developers and customers. After the
merger Oracle will become the sponsor of a number of significant open source projects
of Sun, including Java, MySQL and OpenSolaris, and will as such need to gain and
retain the trust from the open source community. In this respect, it can be expected that
all of the public pledges made by Oracle to reassure MySQL users, developers and
storage engine vendors will be subject to close scrutiny from the open source
community."
Was the EU Commission somehow slightly too optimistic?