Brazil’s competition watchdog has cleared a plan under which either MSC or A.P. Moller-Maersk would sell its 50% stake in Brasil Terminal Portuário if it wins the country’s future Tecon Santos 10 mega-terminal auction, according to Brazil’s Administrative Council for Economic Defense (Cade).
The August 17 technical clearance by SG/Cade means the successful Tecon Santos 10 bidder would exit BTP, leaving the losing group with full control of the existing Santos container terminal.
The transactions were filed on July 16 under merger cases 08700.006693/2026-14 and 08700.006692/2026-61. They involve APM Terminals Subsidiaries B.V., part of Danish A.P. Moller-Maersk, and Terminal Investment Limited Holding S.A., the terminal business associated with Geneva-based MSC Mediterranean Shipping Company.
Philippine port operator International Container Terminal Services Inc sought to join the proceedings as an interested third party, arguing that the structure could leave MSC and Maersk with significant positions in separate Santos container terminals.
SG/Cade rejected the request and found insufficient evidence to support allegations including market division, exchanges of competitively sensitive information or bid manipulation. The clearance does not determine which companies will ultimately be allowed to bid for Tecon Santos 10. It will become final if the Cade tribunal does not call the cases in for review and no admissible appeal is filed within 15 days.
Tecon Santos 10 is planned for a 622,000-square-metre site in the Saboó area of the Port of Santos, with four berths under a 25-year concession and required investment of R$6.4bn ($1.25bn).
BTP operates a container terminal at Santos with annual capacity of about 1.5m TEU and 1,108 metres of quay. APM Terminals entered the joint venture with TiL in 2010.