Done a little more research and " European Commission must announce its decision by 7 December 2017, but this deadline may be extended by 10 working days if commitments are offered by Lufthansa. In practice, the Commission is expected to announce its decision on the easyJet/Air Berlin case by 12 December 2017." but that is tied up with Lufthansa plans to take over Niki, Air Berlin’s Austrian holiday airline, and regional carrier LGW so who knows now!