As explained in Sec. 794.114, the enterprise in addition to being
independently owned must also be ``independently controlled.'' The test
here is whether the individual, partnership, or corporation which owns
the enterprise also controls the enterprise as an independent
businessman, free of control by any so-called major oil company or other
person engaged in the petroleum business. Control by others may be
evidenced by ownership; but control may exist in the absence of any
ownership. For example where an enterprise engaged in the wholesale or
bulk distribution of petroleum products enters into franchise or other
arrangements which have the effect of restricting the products it
distributes, the prices it may charge, or otherwise controlling the
activities of the enterprise in those
respects which are the common attributes of an independent businessman,
these facts may establish that the enterprise is not ``independently
controlled'' as required by the exemption under section 7(b)(3). (Wirtz
v. Lunsford, 404 F. 2d 693 (C.A. 6).)
