Please respond to each student 150-200 words
Here is the original post for reference
DirectionsLocate a current article (within the last 2 years) from a professional journal (such as Harvard Business Review, Wall Street Journal, etc) that deals with a topic from this unit’s chapters.
Brief the article and attach it to the post (do not copy and paste the entire article into discussion).
The content that was highlighted in this unit was very insightful and important to understand, especially as business professionals. One of the topics, covered in this unit, that most effects both individuals and businesses is the topic of the constitutional limitations of economic regulations. A large component within the congressional regulation of interstate and foreign commerce are foreign direct investments (FDIs).
An FDI, according to Investopedia, is “a purchase of an interest in a company by a company or an investor located outside its borders” (Investopedia, 2021). An example of an American firm that has recently engaged in FDI activity is Tesla (link to article)Links to an external site.. Tesla is a U.S. based electric vehicle and clean energy company that is expanding its manufacturing capacity in China. Tesla began working on plans to expand its manufacturing plant in Shanghai in 2021. Currently, Tesla is holding operations and production in a Shanghai plant that they purchased in May of 2018. The reason why this is an FDI is because of Tesla’s interest to purchase manufacturing plants in China, which is outside of their domicile.
This current event perfectly connects to the Global Investment in American Jobs Act of 2021. This bill requires the Department of Commerce to conduct an interagency review of the global competitiveness of the United States in attracting foreign direct investment and addressing foreign trade barriers that firms in advanced technology sectors face in the global digital economy (Congress, 2021). The reviews will evaluate the following components of foreign commerce:
“The current economic impact of foreign direct investment in the United States;
the trends in global cross-border investment and data flow;
the federal government policies that are linked to the ability of the United States to attract and retain foreign direct investment;
the adequacy of federal government efforts to increase the ease for foreign firms considering an investment in the United States” (Congress, 2021).
This is a live bill that emphasizes the power of interstate and federal commerce over foreign commerce. Since Tesla makes frequent transactions in China, their customs controls and fees that are regulated in America will still apply to their corporation since they are an American company.
There are a lot of components within federal commerce regulation and the topics surrounding it can be complex. I would love to hear you all’s ideas surrounding the recent attraction of FDI in America and how it effects business law!
All Info – H.R.2907 – 117th Congress (2021-2022): Global Investment in American Jobs Act of 2021
(2021, May 3). https://www.congress.gov/bill/117th-congress/house…
Jennings, M. (2018). Business: Its legal, ethical, and global environment. Cengage Learning.
Person. (2022, February 24). Exclusive: Tesla Plans New Shanghai plant to more than double China capacity – sources. Reuters. Retrieved March 22, 2022, from https://www.reuters.com/business/autos-transportat…
Investopedia. (2022, February 8). Foreign Direct Investment (FDI). Investopedia. Retrieved March 22, 2022, from https://www.investopedia.com/terms/f/fdi.asp
The article I chose deals with the ongoing antitrust case the state and federal governments filed against Alphabet Inc.’s Google. Basically, the Department of Justice (DOJ) and eleven state attorneys general contend that Google has unlawfully maintained monopolies in the internet search and search advertising industry (CRS, 2020), which violates the antitrust laws. Antitrust laws exist to prevent the growth of economic or market power through means other than superior skills, foresight, and industry (Jennings, 2018, p.486). In the latest development of the case according to the Wall Street Journal (2022, March 22), the DOJ claims Google is shielding their internal emails from DOJ, by improperly invoking attorney client privilege. They deem it improper because they were denied access to sensitive business communication and claimed the employees were taught to include an attorney in their emails and add the words “request” and “privilege” in the labels. It appears however that many of the emails went unanswered by the attorney. DOJ is requesting that the court sanction and order Google to submit the withheld and redacted internal emails they were previously denied.
I found this case interesting because both the U.S government and several states have teamed up to bring a lawsuit against a company for violating antitrust laws. Although Preemption and the Supremacy Clause identified in Chapter 5 of our Jennings text would give the U.S power to regulate over any conflicts with state laws, it is not applicable here. However, it is interesting to know what the states hope to gain if they should succeed.
Congressional Research Service (2020). The Google Antitrust Lawsuit, Initial Observations. Retrieved on 3/22/2022 from https://crsreports.congress.gov/product/pdf/LSB/LS…
Jennings, M. M. (2018). Business It’s Legal, Ethical, And Global Environment (11th Ed.). Cengage Learning.
McKinnon, J. D. (2022, March 22). U.S. Faults Google on Shielding of Emails. The Wall Street Journal. A3
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