Brazil’s Audit Court to Review Ban on Major Operators in Santos Port Terminal Auction

The Federal Court of Accounts (TCU) will host a panel on the 29th of this month at 2 p.m. to shed light on the restriction included in the bidding notice for the Santos Container Terminal (Tecon Santos 10), which is set to be leased at the Port of Santos. The Court is the final authority responsible for reviewing the document, which was drafted by the National Agency for Waterway Transport (Antaq).

The documentation was submitted to the TCU by the Ministry of Ports and Airports (MPor) on May 28. The Court’s opinion will conclude the approval phase, allowing MPor to move forward with the tender for the mega container terminal by the end of this year. However, there is no timeline for the issuance of the opinion, which will only be released after the panel is held.

In a statement during a plenary session, TCU Minister Antonio Anastasia, the rapporteur for the case, said that the Tecon Santos 10 bidding process is a priority for the Court and that the panel aims to expedite proceedings. “The reference panel is a qualified listening event that will support oversight efforts by gathering insights, knowledge, and experiences from specialists and key stakeholders, focused on the most controversial aspects of the bidding process.”

The panel was originally scheduled for the 31st but was moved up. It will take place in the auditorium of Annex III of the Court and will be broadcast live on the Court’s official YouTube channel.

Anastasia further clarified that the panel is unrelated to the public hearing already held, “and is not in any way a reissue or review of that hearing.” The panel’s agenda has not yet been defined.

The new terminal is expected to provide a significant boost to container operations at the Port of Santos. Below is a historical overview of container throughput at the Port of Santos starting in January 2022. The chart was created using DataLiner:

Container Throughput via Port of Santos | Jan 2022 – May 2025 | TEUs

Source: DataLiner (Click here to request a demo)

The controversy

The bidding document, prepared by Antaq, outlines a two-phase auction process, prohibiting container terminal operators with existing contracts at the Port of Santos from participating in the first phase. The aim is to reduce the risk of market concentration.

As a result, major players such as DP World, Santos Brasil (controlled by CMA CGM), MSC, and Maersk (partners in Brasil Terminal Portuário, BTP) are initially barred from participating. They would only be allowed to compete in the second phase—provided no bids are submitted in the first.

Legal action

Maersk filed a motion for injunctive relief against Antaq in the 21st Federal Civil Court of São Paulo last month, requesting the suspension of the bidding process and the holding of a new public hearing. The company argues that the notice should contain “clear rules that ensure free competition.”

In response, the agency filed a legal rebuttal last Thursday, disputing Maersk’s claims and defending the auction process, stating that the issue of market competition was thoroughly discussed and supported by technical and legal reasoning.

The lease

Tecon Santos 10 will occupy 621,900 square meters on the Saboó quay (STS10). It will have a capacity of 3.25 million TEUs per year, along with 91,000 tons of general cargo. The investment totals R$6.45 billion. The lease term is 25 years, with operations expected to begin in 2026.

Source: A Tribuna

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