Online privacy While at the FTC, Varney predicted that
online privacy would "become a critical aspect of [the FTC's]
consumer protection 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 principles." Varney's promotion of voluntary privacy guidelines was criticized by consumer privacy advocates as insufficient to provide adequate consumer protection. Others, however, lauded Varney's approach, believing that tight government regulations would stifle innovation. 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.’" 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. 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", signifying a departure from the previous DOJ positions, aligning the DOJ's position with that of the FTC.
Antitrust 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. 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. Her nomination was confirmed by the
United States Senate on April 20, 2009, by a vote of 87 to 1. 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. 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." 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. Varney opened inquiries into the
financial services and
wireless phone industries, and began probing the settlement between
Google and the
Association of American Publishers. 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. 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. 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." 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. She allowed the mergers of
Live Nation Entertainment with
Ticketmaster, and of
Comcast with
NBCUniversal. Varney approved the merger of
Continental Airlines and
United Airlines, on condition that several assets were to be divested. ==Boards and affiliations==