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TCU Backs Two-Phase Tecon 10 Auction, Affirms Antaq’s Authority

The court validated Antaq’s competition remedy to prevent dominance by incumbents at the Port of Santos.

Overview

  • In a 6–3 vote, the court approved Antaq’s bifurcated model that bars current Santos terminal operators from the first round and allows their entry only in a second phase with prior divestment if no new entrant bids.
  • Revising minister Bruno Dantas recommended extending the initial restriction to ocean carriers to avoid full vertical integration at the port.
  • The ruling lets the government finalize the tender notice, setting a mandatory internal rail yard and urging a review of the zero minimum upfront fee.
  • Tecon 10 is projected to handle up to 3.5 million TEUs per year—about a 50% capacity boost—with investment estimates ranging from roughly R$5 billion to R$6.45 billion.
  • Foreign embassies had pressed for an open contest, and MSC’s terminal arm said it will go to court to seek participation, signaling likely legal challenges.