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REFILE - Maersk may sue MSC Group over the $1 billion Brazil port auction.

The Brazilian courts are seeking to overturn the competition rules that prevent global shipping groups from taking part in the first round bidding for a new major container terminal to be built at Latin America's biggest port. This is due to happen later this year.

According to a document obtained by, the Danish shipping company Maersk sued Brazil's marine transportation authority (Antaq) and its general manager on Monday in Sao Paulo. The lawsuit demanded "procedural corrections to ensure a fair procedure" for the assignment of the Tecon 10 Terminal at the Port of Santos.

The Brazilian federal audit court, TCU, is reviewing the Antaq bidding rules.

MSC Group, a privately-held company, is also looking for changes to the rules. Patricio Jr, Regional Investment Director at MSC's Terminal Investment Limited subsidiary, said TIL was considering filing a lawsuit in the event that the TCU did not change the process.

The rules of the auction would prevent Maersk and MSC, as well as other operators who already operate container terminals in Santos, from participating in the first round for the construction and operation of the new megaterminal. This is expected to cost 5.6 billion reais (about $1 billion).

This could open the door to Asian competitors or local players such as JBS Terminais. JBS Terminais is the new port-operating unit of Brazilian meatpacker JBS. It took over the container terminal in Itajai (southern Brazil) last year. JBS declined comment. Antaq has said that its bidding rules were designed to encourage competition. Tecon 10 was billed as the largest port auction in Brazilian history. The agency stated that it was not officially informed about the lawsuit, and reiterated the fact that the TCU is handling the case.

Antaq has said that if no proposals are received during the first round of the auction, operators of Santos' existing container terminals may bid at subsequent rounds - provided they sell their other interests in the port complex.

Maersk declined comment on the lawsuit but called for more transparency to ensure fair competition.

Maersk stated in a press release that "excluding companies with extensive international experience who manage some of the most efficient port management systems globally without supporting studies would significantly reduce the project's capacity at Latin America's biggest port."

Tecon 10 has been a source of concern for some heavy users of Santos' port infrastructure.

Eduardo Heron is the technical director for the Brazilian Coffee Exporters Council. He said that the group advocates "wide and unrestricted" participation.

(source: Reuters)