Will the Obama administration’s actions match its tough talk on antitrust?

THE new head of the antitrust division of America’s Department of Justice, Christine Varney, sees Thurman Arnold, a predecessor who took office in 1938, as a model. Arnold’s appointment created an uproar. His book, “The Folklore of Capitalism”, published a year earlier, was widely seen as a satire on the inadequacy of the country’s antitrust laws. He was, in his own words, “responsible for the first sustained programme of antitrust enforcement on a nationwide scale.” This vigorous approach, in Ms Varney’s view, was an important part of “that era’s legacy for modern economic policy”. In other words, Ms Varney means business.

In recent years “the pendulum swung too far from Thurman Arnold’s legacy of vigorous enforcement,” Ms Varney argued in May in one of her first speeches after Barack Obama appointed her. Companies are likely to find themselves scrutinised at least as intensively as they were under the administration of Bill Clinton, when many senior antitrust officials in the justice department and Federal Trade Commission (FTC) cut their teeth on a celebrated anti-monopoly lawsuit against Microsoft. (Ms Varney was an adviser to the software giant’s chief victim, Netscape.) …