A.P. Moller – Maersk (Maersk) has filed a lawsuit in São Paulo seeking to suspend Brazil’s upcoming auction for the Tecon 10 container terminal at the Port of Santos.
The R$5.6 billion ($1 billion) mega-terminal project, overseen by Brazil’s waterway regulator Antaq, is intended to expand capacity at Latin America’s busiest container port.
However, Antaq has imposed rules that prohibit current operators, including Maersk and Mediterranean Shipping Company (MSC) subsidiary Terminal Investment Limited (TIL), from participating in the initial bidding round.
Maersk argues that the restrictions amount to arbitrary exclusion, weakening the auction’s competitiveness by sidelining experienced global operators, as per the latest reports from Reuters.
The company is calling for procedural revisions to ensure a fair and open process.
According to Reuters, MSC’s TIL is also considering legal action, pending a review by Brazil’s Federal Audit Court (TCU), which is currently evaluating the legality of Antaq’s auction model.
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A formal representation submitted to the TCU by Brazil’s Public Prosecutor’s Office for the Audit Court (MPTCU) contends that the exclusionary policy may violate principles of proportionality and legal certainty.
The document also raises concerns over the lack of a comprehensive market impact analysis.
Antaq has defended the restrictions as a means to reduce concentration in the sector and encourage new entrants. It has been stated that incumbent operators may still participate in subsequent auction rounds, provided they relinquish their existing concessions.
The legal outcome could have far-reaching implications for the country’s port policy and investor confidence.
