Christine Varney

Why She Matters

Varney has been out of politics for more than a decade, but she played a key role on President Barack Obama’s transition team. A lawyer with a background in internet law, Varney was the personal counsel for the transition team and is now Obama's Assistant Attorney General for Antitrust.

Under Varney, the Antitrust Division of the Justice Department will almost certainly be more agressive than it was during the previous administration. Early in 2009, the division began investigating cell phone companies, large food processors, Google and more.

Varney worked as a Cabinet secretary under President Bill Clinton. Clinton later appointed Varney to the Federal Trade Commission, where she served for three years. She was the deciding vote in the FTC’s decision to ban the use of Joe Camel in cigarette commercials.

Varney left the FTC to start an internet law division at a Washington, D.C., law firm in 1997 and was drawn back into politics after Barack Obama was elected president.

She has pushed for regulations to protect consumer privacy over the internet and argued against legislation that would have made it more difficult for companies to go to arbitration with consumers. She was a registered lobbyist for the Online Privacy Alliance until 2006.

Path to Power

Varney was the oldest of six children who grew up in Syracuse, N.Y. Her father was a lawyer for Robert Kennedy’s 1968 presidential campaign, and Varney was interested in politics as a young child. She graduated from SUNY-Albany and then went to Syracuse’s Maxwell School of Citizenship and Public Affairs for a master’s in public affairs.Gavin, Robert, “The vote that crushed Joe Camel; The FTC commissioner who cast the key vote in the decision to ban the cigarette mascot grew up in Syracuse; She started smoking here too,” The Post-Standard (Syracuse, N.Y.), Dec. 12, 1997

She moved to Washington after graduating from Syracuse in 1978 and earned a law degree from Georgetown while working. She worked as a lawyer for Hogan & Hartson in Washington and volunteered at the Democratic National Committee. She joined the DNC full time as chief counsel in 1989.Gavin, Robert, “The vote that crushed Joe Camel; The FTC commissioner who cast the key vote in the decision to ban the cigarette mascot grew up in Syracuse; She started smoking here too,” The Post-Standard (Syracuse, N.Y.), Dec. 12, 1997  

She stayed there until then-Gov. Bill Clinton (D-Ark.) hired her to be chief counsel for his 1992 presidential campaign. After he won, Clinton kept Varney on his staff, first as chief counsel for the Presidential Inaugural Committee and later as Assistant to the President and Secretary to the Cabinet.

In Oct. 1994, Clinton nominated his longtime assistant to serve on the Federal Trade Commission. "I would not trade my White House experience for anything," Varney said. "It was exciting, it was demanding, it was challenging, it was absolutely the center of power. On the other hand, you have very little time to be reflective, and very little time to be with your family."Gavin, Robert, “The vote that crushed Joe Camel; The FTC commissioner who cast the key vote in the decision to ban the cigarette mascot grew up in Syracuse; She started smoking here too,” The Post-Standard (Syracuse, N.Y.), Dec. 12, 1997  During her confirmation hearing, which lasted just 18 minutes, Varney said her priorities at the FTC would be antitrust issues and telemarketing.Colford, Steven W., “Clinton’s 2 nominees are poised to join FTC,” Advertising Age, Oct. 10, 1994  But her most famous decision dealt with the use of Joe Camel to advertise cigarettes, and many of her other high-profile decisions focused on regulation on the internet.

After three years, Varney left government to start an internet law practice at Hogan & Hartson in Washington, D.C., saying, “I have been in public service for five years. It’s time for me to move on.”Seattle Times staff, “FTC Commissioner leaving to start internet law practice,” The Seattle Times, July 10, 1997 She said she saw the opportunity to become a partner specializing in internet law as a chance to develop a rapidly changing area of law. But she didn’t rule out the possibility of returning to public service.Gavin, Robert, “The vote that crushed Joe Camel; The FTC commissioner who cast the key vote in the decision to ban the cigarette mascot grew up in Syracuse; She started smoking here too,” The Post-Standard (Syracuse, N.Y.), Dec. 12, 1997 

After Barack Obama was elected president in Nov. 2008, he appointed Varney to his transition team with the title personal counsel. She was called his chief vetter by the Times of London, and speculation arose that she would be Obama’s cabinet secretary, the same position she held in the Clinton White House. That position ultimately went to Chris Lu.

But Varney was rewarded in January with an appointment as Assistant Attorney General for Antitrust. "Through her time both inside and outside of government, she has worked to foster vigorous competition and has led the way in taking new approaches and utilizing newer theories, particularly in technology markets," the Obama transition team press release announcing her nomination said."President Barack Obama Announces Key DOJ Appointees," Talking Point Memo, Jan. 22, 2009;

The Issues

The main goal of the Antitrust Division of the Justice Department is to enforce U.S. antitrust laws through either criminal or civil lawsuits.Overview Antitrust Division accessed from the official Justice Department Web site

Varney has said that the Antitrust Division will play a particularly important role during the economic downturn. She is critical of the idea that companies can self-police. "As many observers agree, in past years, with the exception of cartel enforcement, the pendulum swung too far from [former antitrust AAG] Thurman Arnold's legacy of vigorous enforcement," Varney said at a May 2009 speech to the Chamber of Commerce. "As antitrust enforcers, we cannot sit on the sidelines any longer — both in terms of enforcing the antitrust laws and contributing to sound competition policy as part of our nation's economic strategy.""Vigorous antitrust enforcement in this challenging era," Remarks prepared by Christine A. Varney for the U.S. Chamber of Commerce, May 12, 2009

With this idea of vigorous enforcement in mind, the Antitrust Division early in 2009 began investigating a handful of companies for antitrust violations. Wireless companies have asked the DOJ to investigate claims that broadband cable companies illegally stop them from purchasing television shows for cell phones, and a few congressmen have requested an investigation into whether large food operators are unfairly hampering small agriculture companies. Varney is also looking at pharmaceutical companies and Google's deal with book publishers to put books online. All eyes will be on the Antitrust Division as Democrats decide whether to pass legislation eliminating an antitrust exemption for railroad companies.Labaton, Stephen, "Antitrust chief hits resistance in crackdown," New York Times, July 25, 2009

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