As pointed out in Sec. 779.215 ``unified operation'' and ``common
control'' do not refer to the ownership of the described activities but
only to their performance. It is clear, however, that ownership may be
an important factor in determining whether the activities are performed
through ``unified operation or common control.'' Thus common control may
exist where there is common ownership. Where the right to control, one
of the prerogatives of ownership, exists, there may be sufficient
``control'' to meet the requirements of the statute. Ownership, or
sufficient ownership to exercise control, will be regarded as sufficient
to meet the requirement of ``common control.'' Where there is such
ownership, it is immaterial that some segments of the related activities
may operate on a semiautonomous basis, superficially free of actual
control, so long as the power to exercise control exists through such
ownership. (See Wirtz v. Barnes Grocer Co., 398 F. 2d 718 (C.A. 8).) For
example, a parent corporation may operate a chain of retail or service
establishments which, for business reasons, may be divided into several
geographic units. These units may have certain autonomy as to
purchasing, marketing, labor relations, and other matters. They may be
separately incorporated, and each unit may maintain its own records,
including records of its profits or losses. All the units together, in
such a case, will constitute a single enterprise with the parent
corporation. They would constitute a single business organization under
the ``common control'' of the parent corporation so long as they are
related activities performed for a common business purpose. The common
ownership in such cases provides the power to exercise the ``control''
referred to in the definition. It is clear from the Act and the
legislative history that the Congress did not intend that such a chain
organization should escape the effects of the law with respect to any
segment of its business merely by separately incorporating or otherwise
dividing the related activities performed for a common business purpose.
