Meeting with European ambassadors discusses megaterminal and investments in the Port of Santos

Chief of Staff Minister Rui Costa received the ambassadors of Switzerland, Denmark, and the Netherlands in Brasília (Wagner Lopes/Casa Civil/Disclosure)

During a meeting on ports held by Minister of Civil House Rui Costa with the ambassadors of Switzerland, Denmark, and the Netherlands last Thursday (26), in Brasília, one of the topics discussed was the country’s largest port auction — the Container Terminal (Tecon) Santos 10, located at the Port of Santos — according to information obtained by A Tribuna . The bidding process prevents container operators headquartered in Europe with assets at the Santos quay from participating in the first phase of the auction.

If launched as currently drafted, the public notice prepared by the National Agency for Waterway Transportation (Antaq) prohibits global shipping lines such as Swiss-based MSC and Danish-based Maersk, which operate the Brasil Terminal Portuário (BTP) terminal, and French-based CMA CGM, which acquired Santos Brasil in 2024, from bidding for the megaterminal concession at the Saboó quay (STS10).

When questioned by A Tribuna , the Civil House officially stated only that “the meeting was held to discuss investments in the port sector”, omitting the content of the conversation. “At this time, it is not possible to provide further details”, the Ministry said in a note sent to the reporting team. All public notices for port sector auctions are subject to the Civil House's review.

The meeting with Rui Costa occurred one day after a scheduled meeting between the Minister of Ports and Airports, Silvio Costa Filho, and the same European representatives was canceled. That meeting was abruptly called off on Wednesday, just 15 minutes before its scheduled time.

In a statement, the Ministry of Ports and Airports (MPor) said the meeting was canceled because the minister had been summoned by President Luiz Inácio Lula da Silva (PT) for an institutional meeting with the President of Benin, a West African country, at the Palácio do Planalto. “The meeting began late and ran longer than expected, making it impossible to attend the subsequent appointment.”

Auction restriction sparks controversy The National Agency for Waterway Transportation (Antaq) has adopted a two-phase bidding model for Tecon Santos 10, prohibiting container operators that already have assets at the Port of Santos from participating in the first phase. The second phase, which would be open to all, will only take place if the first is declared void — if there are no interested parties. The regulatory agency argues that this approach is intended to avoid risks to market competitiveness.

The documentation prepared by Antaq, which has already been reviewed by the Ministry of Ports and Airports (MPor), is currently under analysis by the Federal Court of Accounts (TCU) and has generated differing opinions.

While the Minister of Ports and Airports, Silvio Costa Filho, supports the restrictive model, Governor Tarcísio de Freitas (Republicanos) and Federal Deputy Paulo Alexandre Barbosa (PSDB), who chairs the Joint Parliamentary Front for Ports and Airports (FPPA), have expressed opposition to it.

Legal action On June 23, Maersk in Brazil filed for a writ of mandamus against Antaq in the 21st Federal Civil Court of São Paulo, advocating for “clear rules in the public notice” and questioning the agency for not holding a public hearing after including the restrictions in the bidding document.

Last Wednesday, Federal Judge Paulo Cezar Neves Junior gave Antaq a 10-day deadline, starting from the date of notification, to explain the rules of the bidding process. However, he did not rule on the request for a writ of mandamus, stating that it is not appropriate to “intervene” at this stage, as the public notice is still under review by the TCU.

Strategic maneuver According to Maersk, the lawsuit against Antaq “denounces a maneuver that restricted competition in the country’s largest port auction, carried out without public debate and in violation of the law and legal precedent. The restriction, in addition to being unprecedented, lacks technical justification and may harm the public interest by excluding experienced operators and reducing competition”. The shipping company stated that it does not seek to alter the content of the public notice through the courts, but rather to compel Antaq to subject the new rules to a public hearing, “ensuring transparency, social participation, and respect for due legal process.”