en.Wedoany.com Reported - Brazil's National Waterway Transportation Agency (Antaq) is pushing forward with the two-phase bidding process for the Tecon10 container terminal project at the Port of Santos, despite government opposition.

In mid-May, reports emerged that the Brazilian government's Chief of Staff office attempted to remove bidding restrictions set by Antaq, which barred existing terminal operators in the port area—including APM Terminals, Mediterranean Shipping Company (MSC), CMA CGM, and DP World—from the first round of bidding due to anti-competitive concerns. If no suitable bids are received in the first round, a second round will be launched, allowing existing operators to participate.

Subsequently, the Brazilian Federal Court of Accounts (TCU) ruled that shipping companies should also be barred from the first round, citing that "vertical integration" between shipping lines and terminal operations is equally anti-competitive. However, the Brazilian Investment Partnerships Program (IPP), responsible for national public-private investment projects, drafted a technical note stating that the TCU failed to provide sufficient justification for excluding shipping companies, while recommending that existing operators be allowed to participate in the first round.

In a new document submitted to the government, Antaq rejected the government's request, based on the IPP document, to lift the auction restrictions, arguing that the request would undermine Antaq's "legal autonomy to set restrictions, limits, and conditions in bidding documents to prevent market concentration and anti-competitive practices." The document stated clearly to the Brazilian Ministry of Ports and Airports: "Therefore, this issue directly touches on Antaq's regulatory autonomy, and proposals to weaken competition oversight should be rejected." However, Antaq Director and Special Rapporteur for the Tecon10 auction, Frederico Dias, indicated that if the government presents a clear public policy rationale without exceeding Antaq's legal authority, the agency should take such guidance into consideration.

The Brazilian Ministry of Ports and Airports is currently reviewing Antaq's latest document, and after receiving its response, Antaq will proceed with the auction process. According to the government's plan, the bidding process should be launched by the end of the year, meaning related issues need to be resolved and the bidding documents published by September.