In Opinion, Ports and Airports says that the entry of new operator in the Porto de Santos Megaterminal is essential to expand competition and avoid market concentration
It sent it on the night of Friday (26.Set.2025) an opinion to the (Union Court of Auditors) defending the by (National Waterway Transportation Agency) to the Megateminal StS-10 auction, in the port of Santos (SP).
In the document, signed by the National Secretary of Ports, Alex de Ávila, the ministry states that “The solution we understand as suitable for the port of Santos is to award the STS-10 to a new player, ensuring the existence of a competitive terminal that can serve the market broadly and unrestricted.”. Ice A (PDF – 89 KB).
The opinion points out that “The choice of a model that favors greater rivalry between operators should not be interpreted as a restriction on the contest of the event, but as a measure of public policy aimed at collective interest.”.
The ministry maintained that in concentrated markets like Santos, “Behavioral remedies can be ineffective and difficult to find effectiveness in reality”.
The document mentions that the international experience shows that measures adopted after concentration occurs are usually “Late and ineffective in the face of subtle practices (windows allocation, priorities, times, storage tariffs, ancillary services, among others)”.
He also stated that “The primary purpose of the public port is not the maximization of the collection in bidding events, but the provision of adequate, efficient and competitive service.”.
According to the ministry, the entry of a new independent operator in STS-10 is the best way to reduce risks of market concentration and ensure “Lower rates to users, higher quality service and return to the country”.
It was the first time that the body headed by the minister (Republicans) formally endorsed the position of the regulatory agency.
Context
The process is under the analysis of the TCU, under the analysis of Minister Antonio Anastasia.
In line with the position of the Ministry of Finance, the technical area of the Court recommended adjustments in the notice and suggested the holding of the auction in the sole phase, allowing the participation of current operators, provided that they fall apart in case of victory.
The proposal differs from the Antaq model, which provides for two steps: the 1st only with new entrances; If there are no interested, a 2nd phase opens with the possibility of participation of companies already installed in Santos.
On September 8, Minister Antonio Anastasia granted an additional deadline for the Ministry of Ports and Airports to speak out on the case. The limit, which previously won on September 11, was extended until September 26, on an unreasonable basis.
The order also complied with the request of the Public Prosecution Service with the TCU and determined that Cade (Administrative Council for Economic Defense) was heard about the competitive impacts of the event. The municipality had 15 dias To send his analysis – published on September 24, in which he recognized risks of concentration, but stated that he could only make definitive assessment in a specific case, after the auction.
Trusted companies, such as Maersk and MSC, stated that the document does not justify their exclusion in the first phase of the dispute.
The government of President Luiz Inacio Lula da Silva (PT) presses for the event to be carried out in 2025. Evaluated by more than R $ 5 billion, the STS-10 is considered strategic because it can expand the container movement capacity in the port of Santos by up to 50%.
