Christine A. Varney

{{Short description|American lawyer (born 1955)}}

{{Infobox officeholder | name = Christine Varney | image = Cvarney1.jpg | office = United States Assistant Attorney General for the Antitrust Division | president = Barack Obama | term_start = April 20, 2009 | term_end = August 4, 2011 | predecessor = Thomas O. Barnett | successor = William Baer (2013) | office1 = Commissioner of the Federal Trade Commission | president1 = Bill Clinton | term_start1 = October 17, 1994 | term_end1 = August 5, 1997 | office2 = White House Cabinet Secretary | president2 = Bill Clinton | term_start2 = January 20, 1993 | term_end2 = October 14, 1994 | predecessor2 = Daniel Casse | successor2 = Kitty Higgins | birth_date = {{birth date and age|1955|12|17}} | birth_place = Washington, D.C., U.S. | death_date = | death_place = | party = Democratic | spouse = Thomas J. "Tom" Graham<ref>{{cite web | url=https://www.ftc.gov/about-ftc/commissioners-staff/christine-varney | title=Christine A. Varney | date=18 July 2013 }}</ref> | children = 2 | education = State University of New York, Albany {{small|(BA)}}<br>Syracuse University {{small|(MPA)}}<br>Georgetown University {{small|(JD)}} | website = {{URL|cravath.com/cvarney|Official website}} | footnotes = <ref name=Forbes.com>{{cite news |url=https://people.forbes.com/profile/christine-a-varney/69440 |title=Christine A. Varney Profile - Forbes.com |access-date=2009-01-23 |work=Forbes.com |quote=Ms. Varney was elected to [Ryder System, Incorporated's] Board of Directors in February 1998 |archive-url=https://web.archive.org/web/20090202125555/http://people.forbes.com/profile/christine-a-varney/69440 |archive-date=2009-02-02 |url-status=dead }}</ref><ref name=Dowty2008>{{cite news |first=Douglass |last=Dowty |title=Syracuse native Christine Varney named to Obama transition team |url=http://www.syracuse.com/news/index.ssf/2008/11/syracuse_native_christine_varn.html |publisher=The Post-Standard |location=Syracuse, New York |date=November 5, 2008 |access-date=2009-01-23}}</ref><ref name=Senate1994>{{cite book |url=https://archive.org/stream/nominationofchri00unit/nominationofchri00unit_djvu.txt |title=Nomination of Christine A. Varney to be a member of the Federal Trade Commission : hearing before the second session |access-date=2009-01-23 |date=October 5, 1994 |website=Senate Committee on Commerce, Science, and Transportation, United States Senate, One Hundred Third Congress|publisher=U.S. Government Printing Office |isbn=9780160461125 }}</ref> | predecessor1 = Dennis Yao | successor1 = Mozelle W. Thompson }} '''Christine A. Varney''' (born December 17, 1955) is an American antitrust attorney who served as the U.S. assistant attorney general of the Antitrust Division for the Obama administration and as a Federal Trade commissioner in the Clinton administration. Since August 2011, Varney has been a partner of the New York law firm Cravath, Swaine & Moore, where she chairs the antitrust department.

==Early life and education== Varney was born in Washington, D.C., and raised in Syracuse, New York. She earned a Bachelor of Arts degree from University at Albany, SUNY, in 1977. As an undergraduate, she studied abroad at Trinity College, Dublin. She later earned a Master of Public Administration from the Maxwell School of Citizenship and Public Affairs at Syracuse University,<ref name="Cabinetmaker - SU Mmag">{{cite magazine |last1=Feeney |first1=Susan |author1-link=Susan Feeney |title=Clinton's Cabinetmaker |journal=Syracuse University Magazine |date=Spring 1994 |volume=10 |issue=3 |pages=14–17 |url=https://surface.syr.edu/sumagazine/vol10/iss3/4/ |access-date=21 December 2022 |location=Article 4 |language=en}}</ref> and a Juris Doctor from Georgetown Law School.<ref name=HoganBio/>

==Career==

=== Early career and Clinton administration === Varney served as general counsel to the Democratic National Committee from 1989 to 1992; chief counsel to the Bill Clinton 1992 presidential campaign, general counsel to the 1992 Presidential Inaugural Committee, associate and partner of the firm of Hogan & Hartson, and as assistant to the president and White House cabinet secretary.<ref name="Cabinetmaker - SU Mmag"/><ref>{{cite news |title=U.S. Senate Session C-Span recording from April 20, 2009 (Sen. Arlen Specter speaking at 3:11:38) |url=http://www.c-span.org/video/?285373-1/senate-session&start=11498 |publisher= C-Span|page=3:11:38 |date=20 April 2009 |access-date=2016-03-17 }}</ref> In the latter role, she acted as a liaison between the White House and cabinet departments. She stated the Clinton administration's philosophy of cabinet management this way: "if you don’t surprise us, we won't micromanage you!"<ref>{{cite web |url=http://www.americanpresident.org/action/orgchart/administration_units/officeofcabinetaffairs/a_index.shtml |title=American President - Office of Cabinet Affairs (EOP, The White House Office) |access-date=23 January 2009 |publisher=Miller Center |location=University of Virginia |archive-url=https://web.archive.org/web/20030420133106/http://www.americanpresident.org/action/orgchart/administration_units/officeofcabinetaffairs/a_index.shtml |archive-date=20 April 2003 |quote=[From Bradley H. Patterson, The White House Staff: Inside the West Wing and Beyond (Washington, D.C.: Brookings Institution Press), pp. 330-39. Reprinted with permission of Brookings Institution Press.]}}</ref>

=== Federal Trade Commission (FTC) === Varney served in the Clinton administration as a member of the Federal Trade Commission (FTC) from October 17, 1994, to August 5, 1997.<ref>{{cite web |title=Federal Trade Commission - Speeches by Former Commissioners |url=http://www.ftc.gov/speeches/former.shtm |access-date=2009-05-12 |url-status=dead |archive-url=https://web.archive.org/web/20090511213613/http://www.ftc.gov/speeches/former.shtm |archive-date=2009-05-11}}</ref> As a commissioner, Varney voted to bring actions against Toys "R" Us for pressuring manufacturers to keep popular toys out of discount stores; to pursue charges of unfair advertising against the R. J. Reynolds Tobacco Company, for its "Joe Camel" advertising campaign; and to impose conditions on the mega-merger between Time Warner and Turner Broadcasting System.<ref name="StohrRowley09">{{cite news |first=Greg |last=Stohr and James Rowley |title=Varney Selected by Obama as Justice Department Antitrust Chief |url=https://www.bloomberg.com/apps/news?pid=20601087&sid=apUgfJrJIin8 |work=Bloomberg News |date=22 January 2009 |access-date=2010-03-07 }}</ref>

Varney became known for spearheading the FTC's examination of privacy and commerce,<ref>{{cite news |url=https://www.nytimes.com/1997/07/10/business/ftc-commissioner-will-step-down.html |title=FTC Commissioner Will Step Down |access-date=2010-03-08 |work=The New York Times| date=1997-07-10}}</ref> and for promoting innovation market theory analysis in the fields of information technology and biotechnology.<ref>{{cite web |url=https://obamawhitehouse.archives.gov/the_press_office/PresidentBarackObamaAnnouncesKeyDOJAppointees/ |work=whitehouse.gov |title=President Barack Obama Announces Key DOJ Appointees |date=22 January 2009 |via=National Archives |access-date=2009-07-26 }}</ref> In 1997, Varney was succeeded by Mozelle W. Thompson as a member of the FTC.<ref>{{Cite news|last=Gruley|first=Bryan|date=1997-08-13|title=Treasury Official Is Expected To Be Nominated to FTC Post|language=en-US|work=Wall Street Journal|url=https://www.wsj.com/articles/SB871428329909110000|access-date=2021-09-13|issn=0099-9660}}</ref>

=== Lobbying and legal work === Varney was a partner at the Washington, D.C. law firm Hogan & Hartson, where she chaired the Internet practice group,<ref name="HoganBio">{{cite web |title=Christine A. Varney - Professionals - Hogan & Hartson |access-date=2009-01-23 |publisher=Hogan & Hartson |url= http://www.hhlaw.com/cvarney/ |archive-url=https://web.archive.org/web/20080118232426/http://www.hhlaw.com/cvarney/ |archive-date=January 18, 2008 }}</ref> and was registered as a lobbyist.<ref>{{cite web | url=http://www.opensecrets.org/revolving/indus.php?id=16007 | title=Revolving Door — Christine A Varney — Industries Represented | website=OpenSecrets }}</ref><ref>{{cite news| url=https://www.washingtonpost.com/politics/christine-varney/gIQAQRfT9O_topic.html | archive-url=https://web.archive.org/web/20160312141639/https://www.washingtonpost.com/politics/christine-varney/gIQAQRfT9O_topic.html | url-status=dead | archive-date=2016-03-12 | newspaper=The Washington Post | title=Christine Varney | date=2012-07-26}}</ref> As a lawyer, Varney represented and advised companies on matters such as antitrust, privacy, business planning corporate governance, intellectual property, and general liability issues. She represented Netscape during ''United States v. Microsoft Corp.'' and its merger with AOL.<ref name="Sullivan1999"> {{cite news |first=Jennifer |last=Sullivan |author-link=<!-- kiddy lit author Jennifer Sullivan --> |title=Your Data on the Black Market |url=https://www.wired.com/politics/law/news/1999/01/17297 |work=Wired magazine |date=12 January 1999 |access-date=2009-01-23}} </ref> There, her other clients included eBay, DoubleClick, The Washington Post Company's Newsweek Interactive subsidiary, Dow Jones & Company, AOL, Synopsys, Compaq, Gateway, the Liberty Alliance, and RealNetworks.<ref>{{cite web |url=http://www.kuci.org/privacypiracy/2006Archive.html#11_08_06 |title=Interview with Christine Varney, Privacy Piracy (radio show) |access-date=2010-03-06 |publisher=Privacy Piracy, KUCI }}</ref>

Varney was a fundraiser for the Hillary Clinton campaign during the 2008 Democratic Party presidential primaries and the 2016 Democratic Party presidential primaries.<ref name="Dowty2008" /> Following the election of President Barack Obama, in 2009, Varney served as personnel counsel on the Obama–Biden Transition Project.<ref name="USNewstransition">{{cite web |url=https://www.usnews.com/articles/news/campaign-2008/2008/11/05/obama-names-transition-team.html |title=Obama Names Transition Team |access-date=2010-03-08 |date=5 November 2008 |website=U.S. News & World Report |url-status=dead |archive-url=https://web.archive.org/web/20081208205543/http://www.usnews.com/articles/news/campaign-2008/2008/11/05/obama-names-transition-team.html |archive-date=8 December 2008}}</ref>

=== Assistant Attorney General (AAG) === Varney was nominated for the position of Assistant Attorney General for the Antitrust Division of the Department of Justice in February 2009, and confirmed by the Senate on April 20, 2009.<ref>{{cite news|title=Head Count: Tracking Obama's Appointments|newspaper=The Washington Post|url=http://projects.washingtonpost.com/2009/federal-appointments/person/christine-varney/|url-status=dead|access-date=2010-03-06|archive-url=https://web.archive.org/web/20090331035538/http://projects.washingtonpost.com/2009/federal-appointments/person/christine-varney/|archive-date=March 31, 2009}}</ref><ref>[http://www.mondaq.com/unitedstates/x/73376/ "United States: New Directions In Antitrust Enforcement: Obama Appoints Christine Varney To Head DOJ Antitrust Division" by Sean P. Gates and Tej Srimushnam, Morrison & Foerster LLP, (updated February 4 2009).]</ref><ref> {{cite web |url=http://judiciary.senate.gov/nominations/111thCongressExecutiveNominations/AssistantAttorneyGeneralAntitrust-ChristineVarney.cfm |title=Nomination of Assistant General for the Antitrust Division - Christine Varney |access-date=2010-03-06 |publisher=United States Senate Committee on the Judiciary |archive-url=https://web.archive.org/web/20100304043028/http://judiciary.senate.gov/nominations/111thCongressExecutiveNominations/AssistantAttorneyGeneralAntitrust-ChristineVarney.cfm |archive-date=2010-03-04 |url-status=dead }}</ref><ref>{{cite web |url=http://www.prnewswire.com/news-releases/attorney-general-eric-holder-welcomes-assistant-attorneys-general-for-antitrust-civil-and-criminal-divisions-61877797.html |title=Attorney General Eric Holder Welcomes Assistant Attorneys General for Antitrust, Civil, and Criminal Divisions |publisher= PR Newswire | access-date=2012-06-07 |website =US Department of Justice }}</ref> On August 4, 2011, Varney resigned her position at the Justice Department.<ref>{{cite news|title=Varney to step down as top antitrust official |url=http://www.chicagotribune.com/business/sns-rt-us-usa-antitrusttre7656vs-20110706,0,7008975.story |newspaper=Chicago Tribune |date=July 6, 2011 |agency=Reuters }}{{dead link|date=April 2017|bot=medic}}{{cbignore|bot=medic}}</ref><ref>[https://www.justice.gov/opa/pr/2011/July/11-at-887.html "Assistant Attorney General Varney Announces Departure from Antitrust Division", Department of Justice, July 6, 2011. Retrieved March 24, 2019.]</ref>

=== Post-AAG career ===

Evan Chesler, then presiding partner at Cravath, recruited Varney in September 2011, when average partner pay at the firm was 3.1 million.<ref name="NYT11july06" /> Varney is only the fourth outsider recruited to be named a partner at the firm in 50 years.<ref>{{cite news | url=https://dealbook.nytimes.com/2013/02/06/cravath-hires-2nd-top-official-from-obama-administration/ | title=Cravath Hires a 2nd Official From Obama Administration | work=The New York Times | date=February 6, 2013 | access-date=May 20, 2019 | author=Lattman, Peter}}</ref> There, Varney has advised clients on mergers across various industries, including acquisitions of Time Warner by ATT, Virgin Atlantic by Delta, Talenti by Unilever, Pinnacle by Conagra, and Heinz by Kraft<ref>[https://globalcompetitionreview.com/insight/november-2013/1058163/new-york%E2%80%99s-competition-bar "New York’s competition bar", "Americas", by Faaez Samadi, ''Global Competition Review'' (''GCR''), Volume 16, Issue 10, page 11, October 28, 2015. Retrieved June 2, 2019.]</ref>

Varney joined the faculty of Columbia Law School as a lecturer in law in 2017 and teaches the course Antitrust in Action, alongside her Cravath colleague David R. Marriott.<ref>{{Cite web |url=https://www.law.columbia.edu/courses/sections/20731 |title="L9509 S. Antitrust in Action ", Columbia Law School. Retrieved January 31. 2019. |access-date=2019-02-01 |archive-url=https://web.archive.org/web/20171007174704/http://www.law.columbia.edu/courses/sections/20731 |archive-date=2017-10-07 |url-status=dead }}</ref>

Varney is recognized by ''The National Law Journal'' as one of the "100 Most Influential Lawyers in America", and as among the 50 "Governance, Risk & Compliance Trailblazers & Pioneers". ''Law360'' also named her a "Competition MVP", and ''Global Competition Review'' named her "Lawyer of the Year".<ref>[https://www.acslaw.org/person/christine-a-varney/ "Christine A. Varney", American Constitution Society. Retrieved June 2, 2019.]</ref>

During the 2020 Democratic Party presidential primaries, Varney made the maximum allowable campaign contributions to candidates Pete Buttigieg<ref>{{Cite web|last=Dayen|first=David|date=2020-01-14|title=Wells Fargo Attorney Moonlights as Buttigieg Campaign Policy Adviser|url=https://prospect.org/api/content/d428ea44-368e-11ea-a70b-1244d5f7c7c6/|access-date=2021-09-11|website=The American Prospect|language=en-us}}</ref> and Joe Biden.<ref>{{Cite web|title=Christine Varney Campaigns Supported |url=https://therevolvingdoorproject.org/person-of-interest/christine-varney/|access-date=2021-10-01|website=Revolving Door Project|publisher=Center for Economic and Policy Research|language=en-us}}</ref>

==Positions==

===Online privacy=== While at the FTC, Varney predicted that online privacy would "become a critical aspect of [the FTC's] consumer protection responsibilities."<ref name="VarneyFTCSpeech10/9/96">{{cite news |first=Christine |last=Varney |title=Consumer Privacy in the Information Age: A View from the United States |url=http://www.ftc.gov/speeches/varney/priv&ame.shtm |archive-url=https://web.archive.org/web/20071013034223/http://www.ftc.gov/speeches/varney/priv%26ame.shtm |url-status=dead |archive-date=13 October 2007|work=Prepared Remarks before the Privacy & American Business National Conference |publisher=Federal Trade Commission |date=9 October 1996 |access-date=2010-03-07 |df=dmy-all }}</ref> Former FTC Chairman Robert Pitofsky has credited Varney as "the leading force in getting the agency active on the online privacy front."<ref name=Perine2000> {{cite news |first=Keith |last=Perine |title=The Persuader |url=http://findarticles.com/p/articles/mi_m0HWW/is_47_3/ai_66932989/ |archive-url=https://web.archive.org/web/20040919062321/http://www.findarticles.com/p/articles/mi_m0HWW/is_47_3/ai_66932989 |url-status=dead |archive-date=19 September 2004 |work=The Industry Standard |publisher= FindArticles |date=13 November 2000 |access-date=2010-03-07 }} </ref>

In advocating adoption of the FTC's privacy guidelines, Varney identified a major goal of the FTC's Privacy Initiative as "avoid[ing] cumbersome regulation by facilitating the development of a set of voluntary principles."<ref name=VarneyNov95> {{cite news |first=Christine |last=Varney |title=Privacy in the Electronic Age |url=http://www.ftc.gov/speeches/varney/varnprvy.shtm |work=Prepared Remarks before the Privay & American Business Conference |date=1 November 1995 |access-date=2010-03-05 |url-status=dead |archive-url=https://web.archive.org/web/20100603181817/http://www.ftc.gov/speeches/varney/varnprvy.shtm |archive-date=3 June 2010 }} </ref> Varney's promotion of voluntary privacy guidelines was criticized by consumer privacy advocates as insufficient to provide adequate consumer protection.<ref name=Yang96> {{cite news |first=Catherine|last=Yang |title=How Do You Police Cyberspace? |url=http://www.businessweek.com/archives/1996/b3461082.arc.htm |archive-url=https://archive.today/20130118211910/http://www.businessweek.com/archives/1996/b3461082.arc.htm |url-status=dead |archive-date=January 18, 2013 |work=BusinessWeek |date=5 February 1996 |access-date=2010-03-04 }} </ref><ref name=Rotenberg96> {{cite news |first=Marc |last=Rotenberg |title=Letter to Commissioner Christine Varney from Marc Rotenberg, Director of EPIC |url=http://epic.org/privacy/internet/ftc/ftc_letter.html |work=Electronic Privacy Information Center (EPIC) |date=14 December 1995|access-date=2010-03-06 }} </ref> Others, however, lauded Varney's approach, believing that tight government regulations would stifle innovation.<ref name="Yang96"/>

As legal counsel and spokesperson for the Online Privacy Alliance, Varney championed self-regulation as the basis for encouraging compliance with Internet privacy standards.<ref>{{cite news |url=https://www.nytimes.com/1999/10/11/business/seizing-initiative-privacy-line-industry-presses-its-case-for-self-regulation.html |title=Seizing the Initiative on Privacy; On-Line Industry Presses Its Case for Self-Regulation |access-date=2010-03-07 |author=Steve Lohr |work=The New York Times | date=1999-10-11}} </ref> Over time, Varney's position changed — according to an article from November 2000, Varney said, "You could characterize the OPA as having a mantra of 'self-regulation, self-regulation, self-regulation’ . . . Next year, the mantra will be 'industry best practices as part of a comprehensive solution, and there may be legislation that would help.’"<ref name="Perine2000"/>

===Health and pharmaceuticals=== As an FTC commissioner, Varney voiced concerns about legislation that would grant certain antitrust immunities to doctors,<ref name=VarneyHealthOct95>{{cite news |first=Christine |last=Varney |title=The Health Care and Antitrust Interface in an Era of Fundamental Industry-Wide Realignments |url=http://www.ftc.gov/speeches/varney/pitoct23.shtm |work=Speech at the SMS Health Executives Forum |publisher=Federal Trade Commission |date=23 October 1995 |access-date=2010-03-08 |url-status=dead |archive-url=https://web.archive.org/web/20100531085736/http://www.ftc.gov/speeches/varney/pitoct23.shtm |archive-date=31 May 2010}} </ref> as well as potential competitive problems caused by vertical integration of drug companies into the pharmacy benefits management market.<ref name=VarneyHealthMay95>{{cite news |first=Christine |last=Varney |title=The Dangers of Health Industry Consolidation and Corporatization and the Effect on Quality, Cost and Access |url=http://www.ftc.gov/speeches/varney/citi.shtm |work=Prepared Remarks Before the Citizens Fund Conference |publisher=Federal Trade Commission|date=10 May 1995 |access-date=2010-03-08 |url-status=dead |archive-url=https://web.archive.org/web/20100226190031/http://www.ftc.gov/speeches/varney/citi.shtm |archive-date=26 February 2010}}</ref>

As Assistant Attorney General, Varney has suggested that there may be a lack of competition in the health insurance market, and has endorsed a measure that would revoke the federal antitrust exemption for health insurers.<ref name=WoellersandBlum09>{{cite news |first=Lorraine |last=Woellers and Justin Blum |title=Antitrust Enforcer for U.S. Says Insurers May Lack Competition |url=https://www.bloomberg.com/apps/news?pid=20601087&sid=as.de9wsxvcU&pos=6 |work=Bloomberg News |date=27 February 2009 |access-date=2010-03-08}}</ref> Varney has also been critical of "reverse payment patent settlement" or "pay-for-delay" agreements, in which a potential generic competitor delays entry of a generic drug in exchange for a payment from a branded drug manufacturer with market power. A brief signed by Varney argues that such agreements are "presumptively unlawful",<ref name=BriefUS09>{{cite news |title=Brief for the United States in Response to the Court's Invitation, Ark. Carpenters Health & Welfare Fund v. Bayer, AG, No. 05-2851 (2d. Cir. July 6, 2009) |url=https://www.justice.gov/atr/cases/f247700/247708.htm#5 |access-date=2010-03-07}}</ref> signifying a departure from the previous DOJ positions, aligning the DOJ's position with that of the FTC.<ref name=SynnotMichael09>{{cite news |first=Aiden |last=Synnott and William Michael |title=Antitrust and Intellectual Property: Recent Developments in the Pharmaceutical Sector |url=https://docs.google.com/viewer?a=v&q=cache:onV1_3U1nekJ:www.paulweiss.com/files/Publication/58781214-1fda-402d-8165-90d07d0472fb/Presentation/PublicationAttachment/919791fb-2382-47c4-82d5-9113d8860f3d/PW_CP_Sep09.pdf+christine+varney+%22presumptively+unlawful%22&hl=en&gl=us&pid=bl&srcid=ADGEESiVtX6_knjClooOxz98I4BDv_0OYx53jG8qFG0j-9Fey7m6d9K7HuRqd2JVZynh5VJCRj4wfYWjyndSeGV5nnVXVE2RicsUyqRrqxMMMXWO-l7hIqOMA_63Eea7gAWLWbuNEQQ-&sig=AHIEtbT2pK6Vf2cXPQZ2UI2RLnXr4jPHUQ |work=Competition Policy International |pages=2–5 |date=September 2009 |access-date=2010-03-08}}</ref>

===Antitrust=== [[File:Christine Varney 2010.jpg|thumb|Varney (left) with Attorney General Eric Holder (right) speaks on credit card surcharge, in 2010, as Assistant Attorney General for the Antitrust Division.]] As a Commissioner at the FTC, Varney was outspoken about monopolies in innovation markets and about the possibility that vertical mergers create unfair barriers to entry in networked industries.<ref name=Bemos09>{{cite news |first=Tellis |last=Bemos |title=America's New Monopoly Buster |url=https://money.cnn.com/2009/05/14/news/economy/christine_varney_monopoly_buster.fortune/?postversion=2009051412 |work=Fortune |date=14 May 2009 |access-date=2010-03-05 |url-status=dead |archive-url=https://web.archive.org/web/20100611000101/https://money.cnn.com/2009/05/14/news/economy/christine_varney_monopoly_buster.fortune/?postversion=2009051412 |archive-date=11 June 2010}}</ref>

Upon her nomination as the Assistant Attorney General for the Antitrust Division by President Barack Obama, Varney was predicted to be a more aggressive enforcer of antitrust laws than her predecessors in the Bush administration.<ref name=Gates09>{{cite news |first=Sean |last=Gates and Tej Srimushnam |title=A New Direction? |url=http://www.thedeal.com/newsweekly/community/a-new-direction.php |work=The Deal Magazine |date=5 February 2009 |access-date=2010-03-05 |url-status=dead |archive-url=https://web.archive.org/web/20101123033722/http://www.thedeal.com/newsweekly/community/a-new-direction.php |archive-date=23 November 2010}}</ref> Her nomination was confirmed by the United States Senate on April 20, 2009, by a vote of 87 to 1.<ref>[https://www.congress.gov/nomination/111th-congress/89 Pres. Nom. 89], 111th Cong. (2009).</ref>

Consistent with predictions, one of Varney's first acts as an Assistant Attorney General was to withdraw the Justice Department's 2008 guidelines for enforcement of Section 2 of the Sherman Act.<ref>{{cite news|last1=Labaton|first1=Stephen|title=Administration Plans Tougher Antitrust Action|url=https://www.nytimes.com/2009/05/11/business/11antitrust.html|access-date=4 August 2017|work=The New York Times|date=11 May 2009|page=A1}}</ref> In her first public comments as an Assistant Attorney General, Varney criticized the guidelines for "effectively straightjacket[ing] antitrust enforcers and courts from redressing monopolistic abuses, thereby allowing all but the most bold and predatory conduct to go unpunished and undeterred."<ref name=VarneyMay09> {{cite news |first=Christine |last=Varney |title=Vigorous Antitrust Enforcement in this Challenging Era, Remarks as Prepared for the United States Chamber of Commerce |url=https://www.justice.gov/atr/public/speeches/245711.htm |publisher=U.S. Department of Justice: Justice News |website= www.justice.gov |date=12 May 2009 |access-date=2016-03-17}}</ref> She delivered the speech twice, first, on May 11, 2009, at the Center for American Progress and, on the following day, at the United States Chamber of Commerce.<ref>{{cite news|last1=Labaton|first1=Stephen|title=Administration Takes Tougher Antitrust Line|url=https://www.nytimes.com/2009/05/12/business/economy/12antitrust.html|access-date=4 August 2017|work=The New York Times|date=11 May 2009}}</ref>

Varney opened inquiries into the financial services and wireless phone industries, and began probing the settlement between Google and the Association of American Publishers.<ref name=Bartz09>{{cite news |first=Diane |last=Bartz |title=New U.S. Antitrust Chief Making Presence Felt |url=https://www.reuters.com/article/idUSTRE5676RL20090708 |work=Reuters |date=8 July 2009 |access-date=2010-03-07}}</ref>

Between 2009 and 2011, the Antitrust Division's criminal enforcement work resulted in the assessment of over $1.5 billion in fines against criminal conspirators.<ref>{{citation |title=Meet the Attorney General |url=https://www.justice.gov/atr/about/cvarneybio.html |url-status=dead |archive-url=https://web.archive.org/web/20101027035949/http://www.justice.gov/atr/about/cvarneybio.html |archive-date=2010-10-27}}</ref>

As both a Commissioner of the FTC and Assistant Attorney General, Varney has called for more cooperation in international antitrust enforcement. As an FTC Commissioner, Varney stated, "there is much more to be done by way of fostering communication and cooperation between enforcement authorities," and promoted adherence to international antitrust guidelines.<ref name=VarneyIntl96> {{cite news |first=Christine |last=Varney |title=Remarks presented to the Fordham Corporate Law Institute's 23rd Annual Conference on International Antitrust Law & Policy |url=http://www.ftc.gov/speeches/varney/fcli_96.shtm |work=Federal Trade Commission |date=17 October 1996 |access-date=2010-03-07 |url-status=dead |archive-url=https://web.archive.org/web/20100530103153/http://www.ftc.gov/speeches/varney/fcli_96.shtm |archive-date=30 May 2010}}</ref> Similarly, in her first public remarks as Assistant Attorney General, Varney stated, "I believe that as targets of antitrust enforcement have expanded their operations worldwide, there is a greater need for U.S. authorities to reach out to other antitrust agencies."<ref name=VarneyMay09/> Since then, Varney has called for greater convergence, cooperation, and transparency between international antitrust enforcement agencies.<ref name=VarneyIntl10>{{cite news |first=Christine |last=Varney |title=Remarks as Prepared for the Institute of Competition Law, New Frontiers of Antitrust Conference |url=https://www.justice.gov/atr/public/speeches/255189.htm |work=Department of Justice |date=15 February 2010 |access-date=2010-03-07}}</ref>

During her tenure, Varney successfully prevented several mergers and acquisitions, including NASDAQ and Intercontinental Exchange from acquiring NYSE Euronext, as well as Verifone's acquisition of Hypercom.<ref name=NYT11july06>{{cite news|last1=Lattman|first1=Peter|last2=de la Merced|first2=Michael J.|title=Cravath to Hire Antitrust Chief|url=https://dealbook.nytimes.com/2011/07/06/cravath-to-hire-d-o-j-s-top-antitrust-lawyer/|access-date=4 August 2017|work=The New York Times|date=6 July 2011}}</ref> She allowed the mergers of Live Nation Entertainment with Ticketmaster, and of Comcast with NBCUniversal.<ref name=NYT11july06/> After Varney and the Administrator of the Grain Inspection, Packers and Stockyards Administration proposed rules to combat price fixing by meat packing industry, Congress defunded its enforcement.<ref>{{cite news|last1=Morris|first1=Frank|title=Antitrust Official Gets Stampeded By Big Beef|url=https://www.npr.org/sections/thesalt/2012/01/25/145846326/an-antitrust-official-gets-pounded-by-big-beef|access-date=4 August 2017|work=All Things Considered|agency=NPR|date=25 January 2012|language=en}}</ref><ref>{{cite web|title=Public Workshops: Agriculture and Antitrust Enforcement Issues in Our 21st Century Economy {{!}} ATR {{!}} Department of Justice|url=https://www.justice.gov/atr/events/public-workshops-agriculture-and-antitrust-enforcement-issues-our-21st-century-economy-10|website=www.justice.gov|date=25 June 2015 |access-date=4 August 2017|language=en}}</ref>

Varney approved the merger of Continental Airlines and United Airlines, on condition that several assets were to be divested.<ref name=NYT11july06/>

In October 2010, Varney brought an anti-competition suit against Visa Inc., MasterCard, each of which soon settled, and American Express, which did not.<ref name=NYT11july06/>

Epic Games enlisted the counsel of Varney and Cravath, Swaine & Moore in their antitrust lawsuits against Apple, Inc. and Google filed in August 2020 over monopolistic practices on the App Store and Google Play storefronts after they had forced Epic's ''Fortnite'' off the service.<ref>{{cite web | url = https://www.cnn.com/2020/08/15/tech/fortnite-apple-google-lawsuit/index.html | title = Did Fortnite just kill the App Store as we know it? | first = Shannon | last= Liao | date = August 15, 2020 | access-date = August 16, 2020 | work =CNN }}</ref>

==Boards and affiliations== Varney was instrumental in establishing several industry associations, including the Online Privacy Alliance, which helped promote self-regulation and identify Internet best practices in the field of online privacy.<ref>{{cite news |first=Steve |last=Lohr |title=Seizing the Initiative on Privacy; On-Line Industry Presses Its Case for Self-Regulation |url=https://www.nytimes.com/1999/10/11/business/seizing-initiative-privacy-line-industry-presses-its-case-for-self-regulation.html |work=The New York Times |date=11 October 1999 |access-date=2010-03-07 }}</ref> She has served on the board of directors of TRUSTe, a privacy certification and seal program.<ref>{{cite news|first=James|last=Glave|title=Truste Director Resigns |url=https://www.wired.com/1999/01/truste-director-resigns/l |date=15 January 1999 |publisher=Wired |access-date=June 2, 2019}}</ref>

She serves on the boards of trustees of the American Museum of Natural History and Third Way; on the boards of directors of the Brennan Center for Justice and the Legal Aid Society; and on the board of advisors of the American Constitution Society.<ref name=ALI>[https://www.ali.org/members/member/448117/ "Elected Member Christine A. Varney", ''The American Law Institute''. Retrieved June 2, 2019.]</ref>

Varney is a fellow of the American Bar Foundation and serves as a member of the International Bar Association, the Council on Foreign Relations, The American Law Institute, and the Economic Club of New York.<ref name=ALI/>

== See also == * List of former FTC commissioners

==References== {{Reflist|colwidth=30em}}

==External links== * {{C-SPAN|52159}}

{{s-start}} {{s-off}} {{s-bef|before=Daniel Casse}} {{s-ttl|title=White House Cabinet Secretary|years=1993–1994}} {{s-aft|after=Kitty Higgins}} {{s-end}}

{{DEFAULTSORT:Varney, Christine A.}} Category:1955 births Category:Living people Category:American lobbyists Category:American women in politics Category:20th-century American lawyers Category:20th-century American women lawyers Category:Clinton administration commissioners Category:Federal Trade Commission personnel Category:Georgetown University Law Center alumni Category:New York (state) Democrats Category:Obama administration personnel Category:Lawyers from Syracuse, New York Category:Maxwell School of Citizenship and Public Affairs alumni Category:United States assistant attorneys general for the Antitrust Division Category:University at Albany alumni Category:Lawyers from Washington, D.C. Category:Cravath, Swaine & Moore partners Category:Columbia Law School faculty Category:Clinton administration personnel Category:20th-century American women civil servants