It seems the stupidest and highest cost possible way to kill Bitcoin. This is what the 20% attack which costs the attacker a huge sum of money and slows down avg 6 confirm time by a whole 3%. Oh noes Bitcoin is doomed because my 6 confirm time went from 60 minutes to 63 minutes.
Quite right. Irrelevant to anyone with enough reason & capital to kill bitcoin.
If you're a government, or a bank, trying to kill bitcoin, the way to kill interest in bitcoin is simple - kill the value of the coin. At $41M market cap, it wouldn't be hard to kill it with money, no need whatsoever for hash power. That's way too much work. No need to slow transactions, too much work again.
Acquire coins, dump 'em, tank the market. At the level of trillions vs. millions, it doesn't take much effort to do this. Do it a few times, and no one wants to hold that asset. Oh, and maybe stop allowing transactions related to it, but that's probably secondary.
Only a smaller competitor to bitcoin would likely want to try to defeat bitcoin by slowing the network - and this is only due to the attacker's lack of capital. Honestly, if it's this, it seems more like s script kiddie style attack, and not much to be concerned about in the long run.
Will the protocol allow for a free market solution to this? Could one pool offer to process transactions for X fee, and another for Y? While the client doesn't seem to do so today, could the client then be altered to allow the user to direct the transaction at a given pool ("clearinghouse") If it can work this way, then there is no reason to care about the no TX miner - people would direct TXs to the fastest/cheapest processors), and miners not processing TXs would have no effect.
Honestly, it seems to me that not finding a way for the miners to compete on fees is the real longer term problem. The only way for a miner/pool to make more money is to control more of the network.