Commercial terms & deal structure · Specialist
Benchmarking clause
Also called: market test clause
ELI5
A clause allowing comparison of price or performance against an external benchmark.
Used in conversation
“Do not describe benchmarking clause as agreed until the operative document says so.”
Pitch context
You will see “Benchmarking clause” in go-to-market plans, sales forecasts, account reviews and commercial proposals when the discussion reaches commercial terms & deal structure.
Why it matters: In commercial terms & deal structure, a loose definition can change rights, obligations, approval, disclosure or enforceability.
Caution
Meaning, enforceability and required process vary by jurisdiction and agreement; this definition is not legal advice.
Sources & evidence · 3
Direct term-level sources and supporting source families.
- OECD — G20/OECD Principles of Corporate Governance 2023Direct source · institutional · checked 2026-08-16
- U.S. Small Business Administration — Write your business planSupporting source family · primary · checked 2026-08-16
- IFRS Foundation — IFRS GlossarySupporting source family · primary · checked 2026-08-16