Montecon has been fighting in the courts for months due to what the company understands as “anti-competitive practices” in the Port of Montevideo, in favor of Cuenca del Plata Terminal (TCP) —the consortium made up of 80% by the Belgian company Katoen Natie and 20% by the State through the ANP—and to its detriment by not allowing it to operate containers in the port terminal.
The complaint that ended with a ruling in favor of the ANP referred to the berthing assignment that hindered the attention of a service vessel on January 27 Ipanema of Mediterranean Shipping Company (MSC) at public docks where the company operates, which affected its customers. According to Montecon, this prevented the line from fulfilling its planned itinerary and the cargo that could not be operated in Montevideo from being unloaded in Buenos Aires. Likewise, the complaint referred to the damage in the allocation of public docks to service vessels Far East, the main service served by Montecon.
“The participation of the ANP as a partner of Terminal Cuenca del Plata (TCP) has been decisive for the State will take privilege measures in favor of this company, when the laws required it to work under a regime of free competition with the other port operators. The State is judge and party”, warned the complaint.
However, the CPDC ruled in favor of the State, understanding that the ANP is “protected” in the regulations and that it acted in accordance with the provisions of the port berthing regulations, which establish a “priority regime” for container ships to TCP, as agreed in the concession between the government and Katoen Natie. Given this decision, Montecon appealed the ruling, as confirmed by El País, advocating once again for free competition in the Port of Montevideo, with the aim of compete under minimum conditions to provide services to shipping lines and the country’s foreign trade.
Another ruling in favor of Katoen Natie
Last week, the Court Administrative Litigation (TCA) rejected the request for annulment presented by the port union against two decrees of the Uruguayan State on the grounds that they establish a “monopoly” in favor of Katoen Natie; understanding that said decrees are not related to the rights of workers.
According to the union, the decrees granting the operation of a container terminal and approving the General Docking Regulations in the Port of Montevideo implies a change in the management regime of the container terminal in the port terminal, establishing “a monopoly” in sole favor of TCP. In this way, the rights of other port operators are “limited”, including those of Montecon, which to date carried out its activity in the port of the capital —and has complained on a few occasions for this situation that they point out as anti-competitive.
For his part, he Ministry of Transport and Public Works (MTOP), as well as the ANP, TCP and other companies as third parties, replied to the union’s demand, pointing out that the contested decrees correspond to the particular scope of the operators, but are not related to workers’ rights; reason why these last They do not have the power to initiate a claim for nullity.
It was with this argument that the TCA agreed to reject the port union’s claim and rule in favor of Katoen Natie.
Source: Ambito
