The circumstances under which certain activities will be excluded
from the ``enterprise'' referred to in the Act are made clear by the
definition quoted in Sec. 794.106. The definition distinguishes between
the related activities performed through unified operation and common
control for a common business purpose by the participants in the
enterprise, and activities which are related to these activities but are
performed for the enterprise by a bona fide independent contractor (for
example, an independent accounting or auditing firm). The latter
activities are expressly excluded from the ``enterprise'' as defined. In
addition, the definition contains a proviso detailing certain
circumstances under which a retail or service establishment under
independent ownership will not lose its status as a separate and
distinct enterprise by reason of certain franchise and other
arrangements which it may enter into with others. This proviso, the
effect of which is more fully explained in parts 776 and 779 of this
chapter, may be important to wholesale or bulk distributors of petroleum
products in determining whether the effect of particular arrangements
which they may make with retailers of their products will be to include
activities of the latter with their own activities in the same
enterprise for purposes of the Act.
