MSC to Take Legal Action to Secure Right to Compete for Mega Terminal at the Port of Santos

TIL, a subsidiary of MSC, is expected to file a lawsuit to secure its right to participate in the bidding process for the mega container terminal at Tecon 10 in Santos. The action should be filed “as quickly as possible,” said Patrício Junior, investment director at the terminal operator, in an interview with Valor after the Federal Court of Accounts (TCU) authorized the government to conduct the auction in two phases, with restrictions on the participation of Maersk and MSC.

“TIL will rely on the technical — and not political — votes of the TCU ministers to guarantee its right to participate in the auction while awaiting a contrary position from the Chief of Staff’s Office and the President,” the executive said.

By a vote of 6 to 3, the revised opinion of Minister Bruno Dantas prevailed, confirming the authority of the National Waterway Transport Agency (Antaq) to define the bidding rules. The regulator supports a two-phase auction, in which container operators already active at the Port of Santos would be barred from the first phase.

Dantas recommended that the restriction apply only to shipping companies, to avoid full vertical integration of port operations. In practice, however, both this model and Antaq’s original proposal prevent Maersk and MSC — partners in BTP and highly interested in Tecon 10 — from participating.

According to Patrício Junior, TIL intends to base its legal challenges on arguments raised by ministers Benjamin Zymler and Antônio Anastasia, who considered the model illegal but were outvoted.

The company had already been preparing its legal strategy while awaiting the TCU’s final decision. Maersk, also directly affected, had previously filed a lawsuit challenging Antaq’s proposed model, and further legal actions are expected.

Source: Valor Econômico