The Danish company contested the participation rules, but the judge confirmed the legitimacy of the procedure
São Paulo – The Federal Court of São Paulo rejected the appeal filed by Maersk against the tender for the Tecon Santos 10 container terminal auction, in the port of Santos. The Danish company was requesting a new public consultation on the participation rules, which exclude current terminal operators in the port, including Maersk itself.
Judge Paulo Cezar Neves Junior deemed that there were no irregularities in the procedure initiated by Antaq and recalled that issues related to competition had already been addressed. He also emphasized that the process is still in the preparatory phase and is subject to the supervision of the Federal Court of Accounts and Congress, which is why there were no immediate damages to justify suspending the model. According to the judge, granting the appeal could have delayed the concession, with possible negative effects on container handling in a port that is already operating near saturation.
The decision confirms a previous rejection of the same request, which occurred last July.
In a statement, Maersk reiterated its support for broad participation in the discussions about the Tecon Santos 10 auction, believing it is essential to guarantee equal conditions for all interested parties that meet the tender requirements, so as to ensure effective competition and maximum operational efficiency. The company added that its position is in line with the policies of the Ministry of Ports and Airports, with the concerns of Antaq, and with previous opinions from the Ministry of Finance and Cade, the Brazilian antitrust authority.
The Tecon Santos 10 project, which has attracted the interest of port operators and shipping companies from around the world, will be the largest container terminal in Brazil and South America, with an area of 621,900 sqm and a capacity of 3.25 million TEUs, plus 91,000 tons of general cargo. The concession, with an expected duration of 25 years, will cover the period 2026-2050 with the possibility of extension.
