Please understand our situation - we have a lot of people who are trying to find ways to abuse the system. We are not necessarily saying that your are one of those, of course. What we do not want to do is to give them a cookbook on how to "slip one past us".
So if we seem broad and vague it is for those reasons alone, and nothing personal to this case.
Look at this through the eyes of an impartial observer, if you like - you are looking for companies which APPEAR to be the same - and I will leave the definition of that to you. It doesn't matter about site design similarities, especially - it's the content and what it tells you.
And we aren't just talking about sites which have been submitted to the ODP, either - editors try to act form the point of view of a surfer, and use the tools available to them (amongst others).
Do the same, talk to your employer, and find the information.
Hope this helps.