The dispute over the future Tecon Santos 10 (TS10) has reached a new chapter. Philippine operator ICTSI has appealed to the Administrative Council for Economic Defense (Cade) against the unrestricted approval of the corporate reorganization involving Maersk and MSC at Brasil Terminal Portuário (BTP), in the Port of Santos.
The agreement stipulates that if either of the two companies wins the TS10, it must divest its stake in BTP. Thus, if MSC wins the auction, Maersk would take full control of BTP; if Maersk wins, the reverse would occur.
ICTSI questions agreement
For ICTSI, the reorganization of BTP should not be analyzed separately from the future TS10 auction, since the corporate change is directly conditioned on the outcome of the bidding.
The company is asking the Cade Tribunal to reconsider the decision and is calling for a more in-depth competition analysis, particularly regarding the possible effects of concentration and verticalization in the container market at the Port of Santos.
ICTSI is also requesting an investigation into any possible coordinated action between Maersk and MSC. These positions are allegations presented by the company and still await evaluation by the competent authorities.
Another piece in the TS10 puzzle
The appeal increases pressure around one of the country's main port disputes.
Beyond determining who will operate a new facility, Tecon Santos 10 has brought into the center of discussions issues such as market concentration, verticalization, participation of current operators, and entry of new groups into Latin America's largest port.
With ICTSI's move, the debate gains another chapter at Cade and reinforces a question that will follow the process all the way to the auction:
who will have space in the new layout of the container market at the Port of Santos?
Jornal Portuário is following the developments in this process.
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