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Court Rejects Maersk Challenge, Clearing Path for Santos STS-10 Auction in 2025

The TCU must still set the model under a single-phase recommendation with divestiture.

Overview

  • Judge Paulo Cezar Neves Junior of the 21st Federal Civil Court in São Paulo denied Maersk Brasil’s suit on September 18, allowing the STS-10 licensing to proceed.
  • The ruling found no illegality in Antaq’s process and noted prior public hearings in 2022 and 2025 addressed competition concerns.
  • The judge warned that halting the tender could harm a port operating near capacity, citing the risk of greater public prejudice from delay.
  • TCU technical staff favor a single-phase auction that permits incumbents subject to mandatory divestment, with Minister Antonio Anastasia as rapporteur and a plenary vote pending.
  • Antaq had proposed a two-phase format that initially excludes incumbent armadores, APS chief Anderson Pomini urges holding the auction in 2025, and the government estimates R$ 5.6 billion in investments plus a concession fee.