Judge denies Maersk’s request to halt bidding on Santos STS-10 terminal

The Federal Court of São Paulo has denied Maersk’s request to suspend the bidding process for the STS-10 megaterminal at the Port of Santos (SP). The decision, signed by federal judge Paulo Cezar Neves Junior, was published on Tuesday, July 23, 2025.

The company argued that Antaq (National Waterway Transportation Agency) had modified the bid notice by restricting the participation of operators already active at the Port of Santos without holding a new public hearing. According to Maersk, the change—which bars incumbents from participating in the first stage of the bidding and conditions their participation in the second stage on divesting from current assets—violates the principles of transparency and public involvement outlined in Laws 10.233/2001 and 13.848/2019.

Antaq countered that the competition issue in the project has been under discussion since 2019 and was the subject of two public hearings (in 2022 and 2025). The agency also argued that the inclusion of the rule stems from technical contributions and does not require a new hearing. According to Antaq, the goal is to prevent market concentration.

The judge ruled that the change was neither “novel” nor “unexpected” and had already been discussed during the process. “I do not see the illegality claimed by the petitioner,” he stated.

The judge also found that there was no immediate risk of harm, as the STS-10 bid notice is still under review by Brazil’s Federal Audit Court (TCU) and other regulatory bodies.

Additionally, he cited a possible “reverse periculum in mora”—that is, the risk of harm to the public interest if the bidding process is delayed. According to Antaq, the Port of Santos is operating near its container handling capacity.

The case will now proceed to the Federal Public Prosecutor’s Office (MPF) for its opinion and a ruling on the merits.

In a statement to Poder360, Maersk said the decision only refers to the request for a new public hearing and does not address the substance of the restriction. Read the complete note:

“A.P. Moller – Maersk advocates for clear rules in the Tecon Santos 10 bid notice, which ensure free competition and reflect the strategic importance of this asset for the country. The company reaffirms its commitment to Brazil’s competitiveness and underscores the importance of transparency and public scrutiny in all processes related to the Tecon Santos 10 auction. The decision issued at this stage pertains solely to the request for a new public consultation and did not analyze the merits of the restriction suggested in the bid. The company will continue to follow the proper course of the process, considering an appeal and pursuing appropriate measures to uphold the right to broad, fair, and publicly aligned competition.”

According to port law expert Marcela Bocayuva, the denial of Maersk’s injunction request marks a milestone by recognizing Antaq’s technical legitimacy and reinforcing the State’s role in regulating strategic assets.

“It shows that the judiciary has acknowledged the legitimacy of Antaq’s technical actions. This decision reinforces the state’s role in defending strategic infrastructure and signals that Brazil’s port sector is more than just a channel for cargo flows. It is a central component of national sovereignty,” she said.

STS-10
The megaterminal will be built in the Saboó region of Santos. The facility will occupy an area of 621,900 m² and feature 1.3 km of quay. It is expected to begin operations in 2027 and handle up to 3.5 million TEUs (twenty-foot equivalent units) annually by 2034.

See below a historical overview of container throughput at the Port of Santos starting from January 2022. The chart was created using DataLiner data:

Container Throughput at the Port of Santos | Jan 2022 to May 2025 | TEU

Source: DataLiner (Click here to request a demo)

The estimated investment exceeds R$5 billion. Once operational, the terminal is expected to increase the Port of Santos’s total container handling capacity by 40% to 50%.

Source: Poder 360

Sharing is caring!