CADE suspends ruling on controversial ‘THC2’ dry port fee

On Wednesday, October 7, a request for a case review ended up postponing a decision by the Administrative Council for Economic Defense (CADE) that could eventually change the antitrust agency’s views on a fee that has divided the port sector for almost 20 years.

Known in the sector as THC2, the fee is charged to “dry” terminals, i.e., warehouses that are not located next to the sea. The “wet” terminals, which unload the ships, charge to stack and deliver the containers. Dry terminals argue that the price of this service is already included in the freight, which would result in unfair competition. CADE has always agreed with this theory.

Recently, however, a new resolution by the National Waterway Transportation Agency  (ANTAQ) led CADE’s technical area to agree with the charge. This generated a lot of expectations in the sector about a possible change of understanding.

The plenary session of the antitrust body maintained its position against the charge in a lawsuit filed against the container terminal at the port of Suape, in Pernambuco, up until the time of the request for review. Luiz Hoffmann, the rapporteur of the process, voted against the charge and was accompanied by CADE’s attorney, Walter Agra. The vote was interrupted by the request for review by Councilor Leniza Prado, and it is not clear when it will be resumed.

Source: Valor Econômico

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