"The Emperors of Ice Cream" -- Donald Luskin on FTC & Ice Cream on NRO Financial

When the FTC's annoucement hit the news I had a similar reaction to Don. As the old antitrust regulation saying goes: "You let me define the market and I can find a level of concentration which needs a remedy or at least 'strict scrutiny'." Here we have a market defined as the market for "superpremium ice cream"? Where is the dissenting opinion tearing this decision apart?