TCU gives Cade 15 days to weigh in on Santos container terminal auction

Minister Antonio Anastasia of Brazil’s Federal Audit Court (TCU) has referred the case of the new Santos container superterminal to the Administrative Council for Economic Defense (Cade), giving its General Superintendence 15 days to comment on potential competition issues.

Anastasia, the case rapporteur at the court, responded to a request from Cristina Machado Costa e Silva, the chief prosecutor at the Public Ministry of Accounts, in the final stretch of the process.

The auction for Tecon Santos 10, which the government plans to hold in the second half of December, is expected to be the largest private lease in the history of Brazil’s port sector.

The new terminal will increase container handling capacity at Latin America’s busiest port by 50%, which is projected to reach saturation by 2028.

Check below a history of Brazilian long-haul container exports at the Port of Santos starting in January 2022. The data exclude transshipment, cabotage, and other domestic movements and were prepared using DataLiner data:

Long-Haul Container Throughput at the Port of Santos | Jan 2022 to July 2025 | TEU

Source: DataLiner (Click here to request a demo)

The bidding rules have divided the market and mobilized strong business lobbying. Antaq (the National Waterway Transport Agency), backed by the Ministry of Ports and Airports (MPor), decided to restrict the first phase of the auction, excluding companies that already operate container terminals in Santos — Switzerland’s MSC, Denmark’s Maersk, France’s CMA CGM, and the UAE’s DPW.

If no new entrants bid, these incumbents could join in a second round, but would be required to divest their current assets in Santos if they won. Antaq and MPor argue the rule is needed to prevent further market concentration.

The TCU’s technical unit, however, has suggested a revision: allowing all companies to bid freely. If an incumbent were to win, it would then need to sell its existing operations.

Before issuing his vote to the TCU plenary, Anastasia accepted the prosecutor’s request and asked Cade’s General Superintendence for input.

The Ministry of Ports requested an extension until September 26 to submit comments on the TCU’s draft determinations and recommendations.

Given the recent developments, holding the Tecon Santos 10 auction in 2025 is becoming increasingly unlikely. After the TCU’s review, Antaq would still need to revise the rules and publish the final notice, giving at least 30 days for bids.

Source: CNN

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