Court rejects Maersk’s challenge over megaterminal project in Santos Port

The Federal Court has denied Maersk’s request against the National Waterway Transport Agency (Antaq) regarding the auction notice for the Santos Container Terminal 10 (Tecon Santos 10), located at the Saboó quay (STS10) in the Port of Santos. In a ruling published on Thursday (18), Judge Paulo Cezar Neves Junior, of the 21st Federal Civil Court of São Paulo, dismissed the company’s claim, which sought a new public consultation to debate the participation rules set out in the notice.

Maersk argued that restrictions in the bidding process — notably the prohibition of current container terminal operators at the Port of Santos from participating (including itself) — represented a substantial change in the model, requiring that the rules be resubmitted for public discussion.

The judge, however, stated that no illegality had been demonstrated in Antaq’s procedure and that the debate over competition issues had already been addressed.

He also highlighted that the bidding process is still at a preparatory stage and subject to oversight by the Federal Audit Court (TCU) and Congress, which are also discussing the project. According to him, the matter “has not been exhausted” and continues to be evaluated in the appropriate forums, reinforcing the absence of immediate harm that would justify suspending the model.

The magistrate added that granting the request could delay the auction. “Any delay in this concession process could harm container handling at the Port of Santos, which is currently operating very close to capacity,” he noted.

The lawsuit began on June 23, and the ruling confirms a previous decision in July, when the judge had already denied Maersk’s request for an injunction.

In a statement, Maersk said it advocates for broad participation in discussions about the upcoming 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, this 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 terminal

The project, set to become Brazil’s largest container terminal, is still under review by the Federal Audit Court (TCU) for validation before the tender notice is published by the National Secretariat of Ports, under the Ministry of Ports and Airports (MPor).

Tecon Santos 10 will be the largest container terminal in South America. It will cover 621,900 m², with capacity for 3.25 million TEU per year, in addition to 91,000 tonnes of general cargo. The contract is expected to run for 25 years, from 2026 to 2050, with the possibility of extension.

Source: A Tribuna

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