Recently, the Brazilian Federal Court dismissed Maersk's request against the Brazilian National Water Transportation Agency (Antaq).

Maersk's appeal was related to the auction notice for the Tecon Santos 10 container terminal in the Port of Santos

In the ruling, Judge Paulo Cezar Neves Junior of the 21st Federal Civil Court of São Paulo dismissed Maersk's appeal. Maers had sought to initiate a new public consultation to explore the participation rules established in the auction notice.

Maersk claimed that the restrictions in the bidding process – specifically the on existing container terminal operators in the Port of Santos from participating in the bidding (including itself) – meant that there had been a significant change in the model, thus requiring the resmission of the rules for public discussion.

However, the judge stated that Antaq's procedure did not show any unlawful act and that the discussion regarding the competition issue had been addressed. He also emphasized that the bidding process was still in the preparatory stage and subject to the supervision of the Federal Court of Accounts (TCU) and Congress, which also discussing the project. According to the judge, the issue was "not yet fully resolved" and was still being evaluated in the appropriate forum, further indicating that there was no immediate to justify suspending the model. The judge added that granting Maersk's request could delay the auction. "Any delay in this concession process may harm the container loading unloading of the Port of Santos, which is currently operating near its full capacity," he said.

The ruling confirmed a previous decision in July when the judge had already dismissed Maersk's appeal.

Maersk said in a statement that, given the importance of Tecon Santos 10 to Brazil's foreign trade, the advocated for broad participation in the discussion about the upcoming auction of the terminal. "Ensuring that all interested parties that meet the bidding requirements have equal conditions is essential to guarantee competition and give priority to the operational efficiency of the future terminal," the company said.

This position, according to Maersk, "is in line with the industry established by the Brazilian Ministry of Ports and Airports (MPor), the reasonable concerns of the Brazilian National Waterway Transportation Agency, and the opinion of the Brazilian Ministry of and the previous opinion of the Brazilian Administrative Council for Economic Defense (CADE)."

The auction of the Tecon 10 container terminal in the Port of Santos Brazil, which was scheduled for the end of 2025, is now pending regulatory review and approval by the Brazilian Federal Court of Accounts, following legal challenges to the auction by Maersk and other companies.

Tecon 10 is a new container terminal in the Port of Santos, developed to address congestion and capacity issues at the port The project, touted by Antaq as the "biggest port auction in Brazil's history," covers an area of 621,900 square meters and a container handling capacity of 325,000 twenty-foot equivalent units (TEU) per year, in addition to a 91,000ton general cargo handling capacity.

The Tecon 10 project has attracted significant interest from global port operators and shipping companies. The bidding rules established by Antaq, which companies already operating container terminals in the Port of Santos (such as Maersk and Mediterranean Shipping Company MSC) from participating in the first round of bidding, have sparked strong industry.

The contract is expected to last for 25 years from 2026 to 2050, with the possibility of extension