Market conformity

Définition

Market conformity tests whether agreed prices and conditions match what the open market would offer for like-for-like supply. It underpins benchmarking, periodic price reviews and public-sector value-for-money checks, and is often demonstrated through market scans or competitive quotes.

Exemple

A market scan shows a long-running cleaning contract is 18% above current rates, triggering a renegotiation.

Pourquoi c'est un risque pour l'entreprise

Contracts that drift above market rates over time destroy value silently: the overpayment is invisible unless someone runs a benchmark. In the public sector, failing to demonstrate market conformity can breach value-for-money obligations and create accountability problems. In M&A, above-market supplier contracts are a recognised valuation risk.

Comment le gérer

• Include a benchmarking clause in long-term contracts that allows a periodic market check and triggers a price adjustment if significant deviation is found.
• Run a market scan before every renewal so you negotiate with current data, not prior-cycle assumptions.
• Obtain at least two or three independent quotes or reference prices to establish a credible benchmark.
• Document the benchmark methodology and findings so they can be cited in a renegotiation or an audit.
• Monitor price-indexation provisions in existing contracts to ensure adjustments stay in line with actual market movements.