Whether there is unified operation of related activities will thus be of concern primarily in those cases where the related activities are separately owned or controlled but where, through arrangement, agreement or otherwise, they are so performed as to constitute a unified business system organized for a common business purpose. For example, a group of separately incorporated, separately owned companies, may agree to conduct their activities in such manner as to be for all intents and purposes a single business system except for the fact that the ownership and control of the individual segments of the business are retained, in part or in whole, by the individual companies comprising the unified business system. The various units may operate under a single trade name; construct their establishment to appear identical; use identical equipment; sell generally the same goods or provide the same type of services, and, in some cases, at uniform standardized prices; and in other respects appear to the persons utilizing their services or purchasing their goods as being the same business. They also may arrange for group purchasing and warehousing; for advertising as a single business; and for standardization of their records, as well as their credit, employment, and other business policies and practices. In such circumstances the activities may well be performed through ``unified operation'' sufficient to consider all of the related activities performed by the group of units as constituting one enterprise, despite the separate ownership of the various segments and despite the fact that the individual units or segments may retain control as to some or all of their own activities. That this is in accord with the congressional intent is plain, since where the Congress intended that such arrangements shall not bring a group of certain individual retail or service establishments into a single enterprise, provision to accomplish such exception was specifically included. (See Sec. 779.226, discussing the proviso in section 3(r) with respect to certain franchise and other specified arrangements entered into between independently owned retail or service establishments and other businesses.) Sec. 779.221 ``Common control'' defined.
Under the definition the ``enterprise'' includes all related activities performed through ``common control'' for a common business purpose. The word ``control'' may be defined as the act of fact of controlling; power or authority to control; directing or restraining domination. ``Control'' thus includes the power or authority to control. In relation to the performance of the described activities, the ``control,'' referred to in the definition in section 3(r) includes the power to direct, restrict, regulate, govern, or administer the performance of the activities. ``Common'' control includes the sharing of control and it is not limited to sole control or complete control by one person or corporation. ``Common'' control therefore exists where the performance of the described activities are controlled by one person or by a number of persons, corporations, or other organizational units acting together. This is clearly supported by the definition which specifically includes in the ``enterprise'' all such activities whether performed by ``one or more corporate or other organizational units.'' The meaning of ``common control'' is discussed comprehensively in part 776 of this chapter.