A Brazilian court has dismissed a request from Danish shipping conglomerate Maersk to pause the bidding for the Tecon 10 terminal at Brazil's Santos Port. Maersk had sought a suspension pending a review that would let current operators join the initial bidding phase. This development was initially reported by Reuters.
Maersk initiated legal action against Brazil's marine transport authority, Antaq, attributing the need for adjustments in the process to construct and manage the prospective terminal at the region's largest port. The current tender framework excludes incumbent companies from the opening bidding round for the contract projected to entail an investment exceeding 5.6 billion reais (1.02 billion US$).
Judge Paulo Cezar Neves Junior indicated no discernible legal flaws in the tender's structuring by the marine authority, referencing an ongoing review by Brazil's federal audit court. The judge, thus, dismissed Maersk's appeal for a judicial injunction, citing an absence of urgent risks necessitating legal intervention.
In response, Maersk highlighted on Wednesday the ruling's focus on the demand for a renewed public consultation and not the exclusion guidelines concerning incumbent operators. The company indicated it might pursue an appeal alongside other actions deemed "appropriate measures."
Present rules dictate that, should the first auction phase result in no valid proposals, operators of existing terminals at Santos are allowed to join subsequent bidding phases, provided they relinquish any other port investment. Antaq has not yet responded to requests for comment.
These exclusion criteria potentially favor new contenders, including Asian stakeholders or domestic entities such as JBS Terminais, a subsidiary of Brazilian meatpackers JBS. JBS Terminais opted out of commenting on these developments.
Source: Maritime Logistics
