Competitive Pricing
(Meet or Release) Clauses


Summary

These clauses, known as "meet-or-release" competition, release a buyer from its purchase obligations or allow it to terminate the agreement if the buyer can secure better pricing for the same or similar goods from a third party, which pricing the seller fails to meet. This template includes practical guidance and drafting notes. A meet or release clause, also known as a competitive price clause, benefits the buyer in a sale transaction. Such clauses generally provide the supplier with the option to match the more favorable pricing terms on which the buyer is able to purchase the subject goods from another source. The buyer's rights in the event the supplier elects not to meet the lower pricing can vary and will usually relate to the nature of the subject sales agreement. For example, if the agreement only calls for the supply of a single product, the buyer should have the right to terminate the agreement in its entirety without liability. If the seller will be furnishing multiple ...