Maersk Files Lawsuit in São Paulo Over Tecon Santos 10 Tender Process
São Paulo, June 25, 2025 – Maersk, the Danish global shipping group, has filed a lawsuit in São Paulo against Brazil’s port regulator ANTAQ and its general director, seeking immediate corrections to what it describes as a procedurally unfair tender process for the Tecon Santos 10 (STS 10) terminal at the Port of Santos.
ANTAQ’s tender rules prohibit current container terminal operators in Santos—including Maersk, MSC, CMA CGM, DP World, and Santos Brasil—from participating in the first phase of bidding. These restrictions are intended to prevent market concentration, but Maersk argues that barring experienced operators undermines competition, transparency, and the terminal’s potential.
In late May, the Federal Court of Accounts (TCU) received a precautionary request from its Deputy Attorney General, Lucas Rocha Furtado, seeking suspension of the preparatory stages of the auction. Furtado warned that the exclusion could breach constitutional principles of equality and free competition while diminishing the value of the public asset. The TCU board temporarily denied the suspension request, stating that further review of ANTAQ’s technical documentation remained necessary.
Antaq maintains that its two-phase auction model, which would allow incumbent operators to join a second round after divesting their existing assets, is intended to broaden participation while addressing concentration concerns. The agency projects that Tecon 10 will span approximately 622,000 m², with a planned capacity of 3.5 million TEUs and up to R$5.6 billion in investment over a 25-year concession.
Shipping industry observers and terminal operators have voiced mixed reactions. Stakeholders such as the Brazilian Coffee Exporters Council and congressional infrastructure committees argue that an open and unrestricted bidding process is in the public interest. ANTAQ and the Ministry of Ports and Airports affirm that they are following technical and legal guidelines, with ANTAQ’s Board having approved the auction model and the Ministry forwarding it to the TCU for further evaluation.
Analysts caution that if the process continues under these rules without amendment, it may depress participation and investment, potentially delaying a project that is integral to expanding capacity at Latin America’s busiest port. Meanwhile, new market entrants such as JBS Terminais, ICTSI, China Merchants, PSA, and Hutchison Ports have expressed interest, believing the restrictions afford them a competitive opportunity.
For now, the tender remains in regulatory limbo. The TCU’s forthcoming ruling on both the procedural challenge and the tender’s competition clauses will determine whether the auction resumes as planned later this year or is further delayed pending legal adjustments.
