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Brazil Judge rejects Maersk's request to change $1 billion port auction

A Brazilian judge rejected the request of Danish shipping group Maersk for the suspension of a bid process for the Tecon 10 Terminal at Brazil's Port of Santos, pending the review of its call to allow firms operating in the port to enter the first phase.

Maersk has filed a lawsuit against Brazil's maritime transport authority (Antaq) last month, calling for corrections in the bidding process of the new megaterminal to be built and operated at Latin America's biggest port. This was first reported by.

The first round of the bidding process for the terminal contract, which will require an investment of 5.6 billion reais (about $1 billion), is barred to incumbent companies.

Judge Paulo Cezar Neves Junior stated that he saw no illegality in how the marine authority set up the auction. He also noted that Brazil's Federal Audit Court is also analysing the bidding process. He denied Maersk’s request for an injunction, citing that there was no imminent risk which would justify judicial intervention.

Maersk stated in a statement on Wednesday that Tuesday's ruling was a request for new public consultations and did not address its questions about the guidelines which prevent incumbent operators from participating in the first phase of the auction.

The company stated that it would be considering an appeal as well as other "appropriate" measures.

According to current rules of bidding, if there are no valid bids received during the first round of the auction, the operators of the existing container terminals in Santos may bid in the subsequent rounds if they sell their other interests in the port complex. The marine authority didn't immediately respond to a comment request.

These restrictions open the door to new players, such as Asian competitors or local players, like JBS Terminais (the recently established port operation unit of Brazilian meatpacker JBS). JBS Terminais refused to comment. Luciana Magnalhaes reported; Philippa Fletcher edited.

(source: Reuters)