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INVITING MERGERS THAT ARE SURE TO FAIL
* Merger law ''reform.'' This provision would codify the Administration's merger guidelines. * ''Reform'' of the right of people and businesses to sue violators. This provision would repeal the treble- damage remedy except in cases of overcharges or underpayments. It also would force plaintiffs to pay defendants' legal fees if their case is found to be ''without foundation,'' and would lessen the attractiveness of class-action suits. The merged company, however, would gain 50 percent of one specialty market and 22 percent of another, and Japanese and European imports would not check its market power because trade restraints barred their entry. After the Justice Department declared its intent to sue, first Commerce Secretary Malcolm Baldrige and then President Reagan defended the merger. Within 10 days, the Justice Department blessed the deal, with limited divestiture. A headline last month summed up the results: ''LTV, Dragged Down by Steel Subsidiary, Struggles to Survive.''
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