Megaterminal at the Port of Santos will have auction with restrictions, Antaq rules

The Agência Nacional de Transportes Aquaviários (Antaq) has confirmed that the auction for the container terminal Tecon Santos 10, at the Port de Santos, will be held with restrictions on participants. The unanimous approval from the agency's board was presented this Thursday (5) during an ordinary meeting held in Brasília.

The decision on the auction model was officially made on May 23 by Antaq’s acting director-general, Caio Farias, through DG 38/2025, which was subsequently ratified by the other members of the board. Yesterday’s session simply made the decision public.

The regulatory agency established a two-phase bidding process, prohibiting operators who already lease container terminals in Santos from participating in the first phase. The second phase will only occur if the first attracts no bids.

According to Farias, the auction documents for Tecon Santos 10 have been under review by the Tribunal de Contas da União (TCU) since they were filed on May 28. The Court of Auditors has a minimum period of 90 days to analyze the materials and return them to Antaq for the release of the public notice, with adjustments if necessary.

The director-general emphasized that both Antaq and the Ministério de Portos e Aeroportos intend to carry out “the largest auction in the port sector still this year.”

Regarded as a megaterminal, Tecon Santos 10 will occupy an area of 621,900 square meters at the Saboó quay, on the right bank of the Porto de Santos.

The initial investment of R\$ 5.6 billion has been updated to R\$ 6.45 billion, and the total operating capacity has been revised to 3.25 million TEUs (twenty-foot equivalent units) per year, in addition to the transportation of 91,000 tons of general cargo annually. Initially, the terminal was planned to handle 3.5 million TEUs per year.

The adjustment in capex (capital expenditure) results from the inclusion of works outside the leased area in the project. The contract term is set at 25 years, with operations expected to begin in 2026 and end in 2050, but it may be extended successively up to a maximum of 70 years.

The project is expected to increase the container handling capacity of the Santos quay by 50%.

Challenge Last week, the Ministério Público with Tribunal de Contas da União (MPTCU) requested TCU to suspend the Tecon Santos 10 bidding process through a precautionary measure due to the restriction on participants. Hours later, the request was denied by minister Antonio Anastasia, the case’s rapporteur at the TCU.

São Paulo Supports unrestricted auction for current operators The Government of São Paulo has expressed support for open competition in the Tecon Santos 10 auction. In an official letter sent to the minister of Portos e Aeroportos, Silvio Costa Filho, São Paulo’s state secretaries requested that current operators not be barred from participating in the bidding process.

This position aligns with criticism from other industry entities who question the proposed two-phase model, which would only allow companies already operating in the Port de Santos to participate in the second round.

“In our view, it is not appropriate to create restrictive rules that undermine broad competition, prevent technically qualified economic agents from competing for the asset, and could result in less efficient and more costly service for São Paulo’s logistics chain,” states the document signed by Rafael Benini, State Secretary for Partnerships and Investments, and Natália Resende, State Secretary for Environment, Infrastructure and Logistics.

They argue that Antaq prohibited the participation of current operators based on the claim that it would lead to market concentration.

“However, despite this argument, the agency itself presents a less burdensome alternative (among others) that could mitigate the risks of market concentration by allowing such players to participate in the second phase of the bidding.”

In the view of the São Paulo government, the assessment of undue market concentration should be conducted by the Conselho Administrativo de Defesa Econômica (Cade). The secretaries also argue that broad competition could speed up the project, “avoiding potential litigation that could delay its implementation and thus harm the public interest.”