TCU Backs Antaq’s Two-Phase Auction for Santos’ Tecon 10 After 6–3 Vote

Overview

• The TCU endorsed revisor Bruno Dantas’s position by 6–3, recognized Antaq’s authority to set the rules, and recommended barring armadores from the first round.
• The bifasic design excludes current Santos terminal operators in round one, opens round two only if no valid new-entrant bids emerge, and requires incumbents to divest existing assets if they win; the project is expected to lift container capacity by about 50%.
• TIL/MSC said it will go to court to secure participation, and Maersk is expected to persist with legal challenges despite an earlier defeat, signaling imminent judicial dispute.
• The government must now finalize the tender, with the Ports Ministry aligned with Antaq as the Casa Civil and Finance pushed a more open format and may explore AGU avenues to protect the schedule.
• Swiss, Danish and Dutch embassies urged an open auction in letters to the TCU, warning that restrictive rules could hurt international investor perception.