Christine A. Varney
Encyclopedia
Christine A. Varney is an American lawyer lobbyist, and internet
policy expert who served as personnel counsel for the Obama-Biden Transition Project. She is also a former Assistant Attorney General for Antitrust
at the United States Department of Justice
. In July 2011 it was reported that Varney will step down from her role as an antitrust official to join the New York law firm Cravath, Swaine & Moore
.
Before her appointment, Varney had experience working in both the private and public sectors. After the election of President Barack Obama
, Varney served as Personnel Counsel on the Obama-Biden Transition Project.
Before joining the Obama campaign, Varney was a fundraiser for the Hillary Clinton campaign during the 2008 United States Presidential Election.
Until her appointment as an Assistant Attorney General, Varney was a partner at the Washington, D.C.
law firm Hogan and Hartson, where she led the internet
practice group. As a lawyer and lobbyist, Varney represented and advised companies on matters such as antitrust
, privacy
, business planning and corporate governance
, intellectual property
, and general liability
issues.
Notably, she represented Netscape
during U.S. v. Microsoft and its merger with AOL
. Other clients included eBay
, DoubleClick
, The Washington Post Company's Washingtonpost and Newsweek
interactive businesses, Dow Jones & Company
, AOL
, Synopsys
, Compaq
, Gateway
, the Liberty Alliance
, and Real Networks. According to the Center for Responsive Politics
, as a lobbyist Varney represented mostly computer and internet firms, but also oil & gas
interests.
On August 4, 2011, Varney resigned her position at the Justice Department, and Attorney General Eric Holder temporarily designated her chief of staff, Sharis Pozen as Acting Assistant Attorney General; until President Obama nominates a permanent replacement.
In addition, 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. She also was on the board of directors of TRUSTe
, a privacy certification and seal program.
Varney served in the Clinton Administration as a Federal Trade Commission
er from October 17, 1994 to August 5, 1997.
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 R.J. Reynolds Tobacco for its "Joe Camel
" advertising campaign, and to impose conditions on the mega-merger between Time Warner
and Turner Broadcasting System
. In her individual capacity, Varney became known for speaheading the FTC's examination of privacy and commerce
, and promoting market theory analysis in the fields of information technology
and biotechnology
.
Before her career as a Commissioner, Varney worked as an associate at the firm of Pierson, Semmes & Finley (1986–1989), general counsel
to the Democratic National Committee
(1989 to 1992), chief counsel to the Clinton/Gore Campaign (1991), general counsel
to the 1992 Presidential Inaugural Committee (1992), associate at the firm of Hogan & Hartson (1991–1993), and Assistant to the President and Secretary to the Cabinet (1993–1994). In her 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!"
She earned a degree at Trinity College, Dublin
(1975), a B.A.
at the State University of New York at Albany (1977), an M.P.A. from the Maxwell School of Citizenship and Public Affairs
at Syracuse University
(magna cum laude 1978), and a J.D.
at Georgetown Law School (1986).
She is also an invitee of the Bilderberg Group
and attended the Swiss 2011 Bilderberg conference at the Suvretta House in St. Moritz
, Switzerland
.
responsibilities." Former FTC Chairman Robert Pitofsky
has credited Varney as "the leading force in getting the agency active on the online privacy front."
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 guidelines." Varney's promotion of voluntary privacy guidelines was criticized by consumer privacy advocates as insufficient to provide adequate consumer protection. Others, however, lauded Ms. Varney's approach, believing that tight government regulations would stifle innovation.
As legal counsel and spokesperson for the Online Privacy Alliance
, Ms. Varney championed self-regulation
as the basis for encouraging compliance with Internet privacy
standards. Over time, however, her 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.’"
that would grant certain antitrust
immunities to doctors, as well as potential competitive problems caused by vertical integration
of drug companies into the pharmacy benefits management market.
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. Ms. Varney has also been critical of "reverse payment" 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 Ms. Varney argues that such agreements are "presumptively unlawful." This position signifies a departure from the previous view held by the DOJ, and aligns the DOJ's position on "pay-for-delay" agreements with that of the FTC.
Upon her nomination as Assistant Attorney General, Varney was predicted to be a more aggressive enforcer of antitrust laws than her predecessors in the Bush administration. Consistent with this prediction, one of Varney's first acts as Assistant Attorney General was to withdraw the DOJ's guidelines for enforcement of Section 2 of the Sherman Act. In her first public comments as 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."
Since Varney joined the DOJ's Antitrust Division, it has opposed an antitrust immunity request involving Continental Airlines
’ move to join a global alliance of nine airlines, opened inquiries into the financial services
and wireless phone industries, and begun probing the settlement between Google
and the Association of American Publishers
.
In the past two years, the Antitrust Division’s criminal enforcement work has resulted in the assessment of over $1.5 billion in fines against criminal conspirators.
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...
policy expert who served as personnel counsel for the Obama-Biden Transition Project. She is also a former Assistant Attorney General for Antitrust
Antitrust
The United States antitrust law is a body of laws that prohibits anti-competitive behavior and unfair business practices. Antitrust laws are intended to encourage competition in the marketplace. These competition laws make illegal certain practices deemed to hurt businesses or consumers or both,...
at the United States Department of Justice
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
. In July 2011 it was reported that Varney will step down from her role as an antitrust official to join the New York law firm Cravath, Swaine & Moore
Cravath, Swaine & Moore
Cravath, Swaine & Moore LLP is a prominent American law firm based in New York City, with an additional office in London. The second oldest firm in the country, Cravath was founded in 1819 and consistently ranks first among the world's most prestigious law firms according to a survey of partners,...
.
Life and career
Varney was nominated for the position of Assistant Attorney General for the Antitrust Division of the Department of Justice on February 23, 2009, and confirmed by the Senate on April 20, 2009.Before her appointment, Varney had experience working in both the private and public sectors. After the election of President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
, Varney served as Personnel Counsel on the Obama-Biden Transition Project.
Before joining the Obama campaign, Varney was a fundraiser for the Hillary Clinton campaign during the 2008 United States Presidential Election.
Until her appointment as an Assistant Attorney General, Varney was a partner at the Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
law firm Hogan and Hartson, where she led the internet
Internet
The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...
practice group. As a lawyer and lobbyist, Varney represented and advised companies on matters such as antitrust
Antitrust
The United States antitrust law is a body of laws that prohibits anti-competitive behavior and unfair business practices. Antitrust laws are intended to encourage competition in the marketplace. These competition laws make illegal certain practices deemed to hurt businesses or consumers or both,...
, privacy
Privacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...
, business planning and corporate governance
Corporate governance
Corporate governance is a number of processes, customs, policies, laws, and institutions which have impact on the way a company is controlled...
, intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
, and general liability
Legal liability
Legal liability is the legal bound obligation to pay debts.* In law a person is said to be legally liable when they are financially and legally responsible for something. Legal liability concerns both civil law and criminal law. See Strict liability. Under English law, with the passing of the Theft...
issues.
Notably, she represented Netscape
Netscape
Netscape Communications is a US computer services company, best known for Netscape Navigator, its web browser. When it was an independent company, its headquarters were in Mountain View, California...
during U.S. v. Microsoft and its merger with AOL
AOL
AOL Inc. is an American global Internet services and media company. AOL is headquartered at 770 Broadway in New York. Founded in 1983 as Control Video Corporation, it has franchised its services to companies in several nations around the world or set up international versions of its services...
. Other clients included eBay
EBay
eBay Inc. is an American internet consumer-to-consumer corporation that manages eBay.com, an online auction and shopping website in which people and businesses buy and sell a broad variety of goods and services worldwide...
, DoubleClick
DoubleClick
DoubleClick is a subsidiary of Google that develops and provides Internet ad serving services. Its clients include agencies, marketers and publishers who serve customers like Microsoft, General Motors, Coca-Cola, Motorola, L'Oréal, Palm, Inc., Apple Inc., Visa USA, Nike, Carlsberg among others...
, The Washington Post Company's Washingtonpost and Newsweek
Newsweek
Newsweek is an American weekly news magazine published in New York City. It is distributed throughout the United States and internationally. It is the second-largest news weekly magazine in the U.S., having trailed Time in circulation and advertising revenue for most of its existence...
interactive businesses, Dow Jones & Company
Dow Jones & Company
Dow Jones & Company is an American publishing and financial information firm.The company was founded in 1882 by three reporters: Charles Dow, Edward Jones, and Charles Bergstresser. Like The New York Times and the Washington Post, the company was in recent years publicly traded but privately...
, AOL
AOL
AOL Inc. is an American global Internet services and media company. AOL is headquartered at 770 Broadway in New York. Founded in 1983 as Control Video Corporation, it has franchised its services to companies in several nations around the world or set up international versions of its services...
, Synopsys
Synopsys
Synopsys, Inc. is one of the largest companies in the Electronic Design Automation industry. Synopsys' first and best-known product is Design Compiler, a logic-synthesis tool. Synopsys offers a wide range of other products used in the design of an application-specific integrated circuit...
, Compaq
Compaq
Compaq Computer Corporation is a personal computer company founded in 1982. Once the largest supplier of personal computing systems in the world, Compaq existed as an independent corporation until 2002, when it was acquired for US$25 billion by Hewlett-Packard....
, Gateway
Gateway, Inc.
Gateway Computer Corporation, is a computer hardware company headquartered in Irvine, California, USA which develops, manufactures, supports, and markets a wide range of personal computers, computer monitors, servers, and computer accessories...
, the Liberty Alliance
Liberty Alliance
The Liberty Alliance was formed in September 2001 by approximately 30 organizations to establish open standards, guidelines and best practices for identity management...
, and Real Networks. According to the Center for Responsive Politics
Center for Responsive Politics
The Center for Responsive Politics is a non-profit, nonpartisan research group based in Washington, D.C. that tracks money in politics and the effect of money and lobbying activity on elections and public policy and maintains a public online database of its information.Their database...
, as a lobbyist Varney represented mostly computer and internet firms, but also oil & gas
Petroleum industry
The petroleum industry includes the global processes of exploration, extraction, refining, transporting , and marketing petroleum products. The largest volume products of the industry are fuel oil and gasoline...
interests.
On August 4, 2011, Varney resigned her position at the Justice Department, and Attorney General Eric Holder temporarily designated her chief of staff, Sharis Pozen as Acting Assistant Attorney General; until President Obama nominates a permanent replacement.
In addition, Varney was instrumental in establishing several industry associations, including the Online Privacy Alliance
Online Privacy Alliance
The Online Privacy Alliance was a cross-industry coalition of more than 80 global companies and associations, including some of the biggest names in e-commerce, formed in 1998 with the aim of providing a unified voice for companies in the Internet industry to contribute to the definition of...
, which helped promote self-regulation and identify Internet best practices in the field of online privacy. She also was on the board of directors of TRUSTe
TRUSTe
TRUSTe is a company based in San Francisco, California, best known for its online privacy seals. TRUSTe operates the world’s largest privacy seal program, certifying more than 3,500 websites, including leading online portals and brands like Yahoo, Facebook, Microsoft, Apple Inc., IBM, Oracle...
, a privacy certification and seal program.
Varney served in the Clinton Administration as a Federal Trade Commission
Federal Trade Commission
The Federal Trade Commission is an independent agency of the United States government, established in 1914 by the Federal Trade Commission Act...
er from October 17, 1994 to August 5, 1997.
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 R.J. Reynolds Tobacco for its "Joe Camel
Joe Camel
Joe Camel was the advertising mascot for Camel cigarettes from late 1987 to July 12, 1997, appearing in magazine advertisements, billboards, and other print media.-History:The U.S. marketing team of R. J...
" advertising campaign, and to impose conditions on the mega-merger between Time Warner
Time Warner
Time Warner is one of the world's largest media companies, headquartered in the Time Warner Center in New York City. Formerly two separate companies, Warner Communications, Inc...
and Turner Broadcasting System
Turner Broadcasting System
Turner Broadcasting System, Inc. is the Time Warner subsidiary managing the collection of cable networks and properties started and acquired by Robert Edward "Ted" Turner starting in the mid-1970s. The company has its headquarters in the CNN Center in Atlanta, Georgia. TBS, Inc...
. In her individual capacity, Varney became known for speaheading the FTC's examination of privacy and commerce
, and promoting market theory analysis in the fields of information technology
Information technology
Information technology is the acquisition, processing, storage and dissemination of vocal, pictorial, textual and numerical information by a microelectronics-based combination of computing and telecommunications...
and biotechnology
Biotechnology
Biotechnology is a field of applied biology that involves the use of living organisms and bioprocesses in engineering, technology, medicine and other fields requiring bioproducts. Biotechnology also utilizes these products for manufacturing purpose...
.
Before her career as a Commissioner, Varney worked as an associate at the firm of Pierson, Semmes & Finley (1986–1989), general counsel
General Counsel
A general counsel is the chief lawyer of a legal department, usually in a corporation or government department. The term is most used in the United States...
to the Democratic National Committee
Democratic National Committee
The Democratic National Committee is the principal organization governing the United States Democratic Party on a day to day basis. While it is responsible for overseeing the process of writing a platform every four years, the DNC's central focus is on campaign and political activity in support...
(1989 to 1992), chief counsel to the Clinton/Gore Campaign (1991), general counsel
General Counsel
A general counsel is the chief lawyer of a legal department, usually in a corporation or government department. The term is most used in the United States...
to the 1992 Presidential Inaugural Committee (1992), associate at the firm of Hogan & Hartson (1991–1993), and Assistant to the President and Secretary to the Cabinet (1993–1994). In her 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!"
She earned a degree at Trinity College, Dublin
Trinity College, Dublin
Trinity College, Dublin , formally known as the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin, was founded in 1592 by letters patent from Queen Elizabeth I as the "mother of a university", Extracts from Letters Patent of Elizabeth I, 1592: "...we...found and...
(1975), a B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
at the State University of New York at Albany (1977), an M.P.A. from the Maxwell School of Citizenship and Public Affairs
Maxwell School of Citizenship and Public Affairs
The Maxwell School of Citizenship and Public Affairs is the public policy school of Syracuse University...
at Syracuse University
Syracuse University
Syracuse University is a private research university located in Syracuse, New York, United States. Its roots can be traced back to Genesee Wesleyan Seminary, founded by the Methodist Episcopal Church in 1832, which also later founded Genesee College...
(magna cum laude 1978), and a J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
at Georgetown Law School (1986).
She is also an invitee of the Bilderberg Group
Bilderberg Group
The Bilderberg Group, Bilderberg conference, or Bilderberg Club is an annual, unofficial, invitation-only conference of approximately 120 to 140 guests from North America and Western Europe, most of whom are people of influence. About one-third are from government and politics, and two-thirds from...
and attended the Swiss 2011 Bilderberg conference at the Suvretta House in St. Moritz
St. Moritz
St. Moritz is a resort town in the Engadine valley in Switzerland. It is a municipality in the district of Maloja in the Swiss canton of Graubünden...
, Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
.
Online privacy
While at the FTC, Varney predicted that online privacy would “become a critical aspect of [the FTC's] consumer protectionConsumer protection
Consumer protection laws designed to ensure fair trade competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional...
responsibilities." Former FTC Chairman Robert Pitofsky
Robert Pitofsky
Robert Pitofsky, born December 27, 1929, was chairman of the Federal Trade Commission of the United States from April 11, 1995 to May 31, 2001. He had previously been Dean of the Georgetown University Law Center from 1983 to 1989, and is currently a professor there, teaching in the areas of...
has credited Varney as "the leading force in getting the agency active on the online privacy front."
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 guidelines." Varney's promotion of voluntary privacy guidelines was criticized by consumer privacy advocates as insufficient to provide adequate consumer protection. Others, however, lauded Ms. Varney's approach, believing that tight government regulations would stifle innovation.
As legal counsel and spokesperson for the Online Privacy Alliance
Online Privacy Alliance
The Online Privacy Alliance was a cross-industry coalition of more than 80 global companies and associations, including some of the biggest names in e-commerce, formed in 1998 with the aim of providing a unified voice for companies in the Internet industry to contribute to the definition of...
, Ms. Varney championed self-regulation
Self-regulation
The term self-regulation can signify:*Autoregulation*Homeostasis, in systems theory*Self-control, in sociology / psychology*Self-regulated learning, in educational psychology*Self-regulation theory , a system of conscious personal health management...
as the basis for encouraging compliance with Internet privacy
Privacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...
standards. Over time, however, her 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.’"
Health and pharmaceuticals
As an FTC Commissioner, Varney voiced concerns about legislationLegislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
that would grant certain antitrust
Antitrust
The United States antitrust law is a body of laws that prohibits anti-competitive behavior and unfair business practices. Antitrust laws are intended to encourage competition in the marketplace. These competition laws make illegal certain practices deemed to hurt businesses or consumers or both,...
immunities to doctors, as well as potential competitive problems caused by vertical integration
Vertical integration
In microeconomics and management, the term vertical integration describes a style of management control. Vertically integrated companies in a supply chain are united through a common owner. Usually each member of the supply chain produces a different product or service, and the products combine to...
of drug companies into the pharmacy benefits management market.
As Assistant Attorney General, Varney has suggested that there may be a lack of competition in the health insurance
Health insurance
Health insurance is insurance against the risk of incurring medical expenses among individuals. By estimating the overall risk of health care expenses among a targeted group, an insurer can develop a routine finance structure, such as a monthly premium or payroll tax, to ensure that money is...
market, and has endorsed a measure that would revoke the federal antitrust
Antitrust
The United States antitrust law is a body of laws that prohibits anti-competitive behavior and unfair business practices. Antitrust laws are intended to encourage competition in the marketplace. These competition laws make illegal certain practices deemed to hurt businesses or consumers or both,...
exemption for health insurers. Ms. Varney has also been critical of "reverse payment" 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 Ms. Varney argues that such agreements are "presumptively unlawful." This position signifies a departure from the previous view held by the DOJ, and aligns the DOJ's position on "pay-for-delay" agreements with that of the FTC.
Enforcement of federal antitrust laws
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.Upon her nomination as Assistant Attorney General, Varney was predicted to be a more aggressive enforcer of antitrust laws than her predecessors in the Bush administration. Consistent with this prediction, one of Varney's first acts as Assistant Attorney General was to withdraw the DOJ's guidelines for enforcement of Section 2 of the Sherman Act. In her first public comments as 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."
Since Varney joined the DOJ's Antitrust Division, it has opposed an antitrust immunity request involving Continental Airlines
Continental Airlines
Continental Airlines was a major American airline now merged with United Airlines. On May 3, 2010, Continental Airlines, Inc. and UAL, Inc. announced a merger via a stock swap, and on October 1, 2010, the merger closed and UAL changed its name to United Continental Holdings, Inc...
’ move to join a global alliance of nine airlines, opened inquiries into the financial services
Financial services
Financial services refer to services provided by the finance industry. The finance industry encompasses a broad range of organizations that deal with the management of money. Among these organizations are credit unions, banks, credit card companies, insurance companies, consumer finance companies,...
and wireless phone industries, and begun probing the settlement between Google
Google
Google Inc. is an American multinational public corporation invested in Internet search, cloud computing, and advertising technologies. Google hosts and develops a number of Internet-based services and products, and generates profit primarily from advertising through its AdWords program...
and the Association of American Publishers
Association of American Publishers
The Association of American Publishers is the national trade association of the American book publishing industry. AAP has more than 300 members, including most of the major commercial publishers in the United States, as well as smaller and non-profit publishers, university presses and scholarly...
.
In the past two years, the Antitrust Division’s criminal enforcement work has resulted in the assessment of over $1.5 billion in fines against criminal conspirators.