A São Paulo federal court has dismissed a claim by Maersk concerning the auction notice for the Santos Container Terminal 10 (Tecon Santos 10) in the Port of Santos.
Judge Paulo Cezar Neves Junior, of the 21st Federal Civil Court of São Paulo, rejected Maersk's request for a new public consultation to review participation rules in the auction. Maersk argued that restrictions in the bidding process, particularly the prohibition of current container terminal operators at the Port of Santos from participating, including itself, represented a substantial change in the model that required broader public discussion.
The judge ruled that no illegality had been demonstrated in the procedure led by Antaq. He noted that competition issues had already been debated and that the auction is still at a preparatory stage, subject to oversight by the Federal Audit Court (TCU) and Congress. He stated the matter "has not been exhausted" and continues to be evaluated in the appropriate forums. Granting the request, he added, could delay the process and harm container handling at the Port of Santos, which is operating close to capacity.
The ruling confirms an earlier July decision, when the judge also denied Maersk's request for an injunction.
In a statement, Maersk said it advocates for broad participation in discussions about the Tecon Santos 10 auction, given the terminal's relevance for Brazil's foreign trade. "Ensuring equal conditions for all interested parties that meet the tender requirements is fundamental to guaranteeing effective competition and prioritizing operational efficiency at the future terminal," the company said.
According to Maersk, its position "is aligned with the sectoral policy defined by the Ministry of Ports and Airports (MPor), with Antaq's legitimate concerns, as well as the views of the Ministry of Finance and previous opinions from CADE (the Administrative Council for Economic Defense)."
The Tecon 10 auction, initially scheduled for late 2025, is pending regulatory review and approval by the Federal Audit Court following legal challenges from Maersk and other companies regarding the rules.
The project has drawn global interest from port operators and shipping lines. It will be Brazil's largest container terminal and the largest in South America. Covering 621,900 square meters, it is designed with a capacity of 3.25 million TEU and 91,000 tonnes of general cargo. The concession contract is set to run from 2026 to 2050, with the option for extension.
Source: SeatradeMaritime