Santos Port Pilots Win Legal Battle as Antitrust Agency Dismisses Inquiry

The marine pilots of the Port of Santos—professionals responsible for guiding vessels in and out of terminals—secured a victory before Brazil’s Administrative Council for Economic Defense (CADE). The agency has dismissed one of two ongoing investigations into alleged anticompetitive practices within the country’s busiest port.

The dismissed investigation was launched in 2022 following complaints from SP Marine Pilots (SPMP), which accused Práticos, the company overseeing vessel traffic at the port, of manipulating the sequence of ship maneuvers. According to SPMP, the alleged scheme prioritized more lucrative vessel maneuvers for Práticos while assigning less profitable ones to SPMP, an alternative pilotage service provider.

SPMP also claimed that Práticos stopped publishing ship schedule information in January 2019, a move that allegedly disrupted its operations.

After a two-year review, CADE ruled that there was insufficient evidence to support allegations of anticompetitive behavior by Práticos.

“The matters brought before this General Superintendence (SG/CADE) pertain solely to regulatory or private disputes, which fall outside the agency’s scope of analysis, as our focus is strictly on competition law,” CADE concluded.

However, in August, CADE launched a separate investigation into alleged cartel activity in the Santos pilotage market. The new inquiry is examining claims of coordinated pricing negotiations and alleged efforts to enforce uniform commercial practices among pilots at the port.

Source: O Globo

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