The term ``enterprise'' is defined in section 3(r) of the Act. That
definition (insofar as it affects a wholesale or bulk petroleum
distributor) is as follows:
``Enterprise'' means the related activities performed (either
through unified operation or common control) by any person or persons
for a common business purpose, and includes all such activities whether
performed in one or more establishments or by one or more corporate or
other organizational units including departments of an establishment
operated through leasing arrangements, but shall not include the related
activities performed for such enterprise by an independent contractor:
Provided, That within the meaning of this subsection, a retail or
service establishment which is under independent ownership shall not be
deemed to be so operated or controlled as to be other than a separate
and distinct enterprise by reason of any arrangement, which includes,
but is not necessarily limited to, an agreement (1) that it will sell,
or sell only, certain goods specified by a particular manufacturer,
distributor, or advertiser, or (2) that it will join with other such
establishments in the same industry for the purpose of collective
purchasing, or (3) that it will have the exclusive right to sell the
goods or use the brand name of a manufacturer, distributor, or
advertiser within a specified area, or by reason of the fact that it
occupies premises leased to it by a person who also leases premises to
other retail or service establishments.
