Delta-Aeroméxico JV Antitrust Immunity Faces US DOT Revocation

The US Department of Transportation (DOT) has moved to revoke the antitrust immunity (ATI) granted to the joint venture between Grupo Aeroméxico and Delta Air Lines. In an order dated July 19, 2025, the DOT announced that the immunity would expire on Oct. 25, 2025, unless compelling objections are  filed and considered.

Aeroméxico and Delta were initially given until Aug. 4 to respond, but both airlines requested an extension to Sep. 2. The DOT denied the full extension, calling the original comment and response periods “typical and reasonable.” A partial extension was granted instead: objections are now due by Aug. 11, and replies by Aug. 20.

The DOT noted that both carriers had been aware of competition-related concerns in the US-Mexico aviation market “for many months” and argued that stakeholders have had ample time to prepare their responses regarding the continuation of the ATI.

The possible revocation follows a review launched in 2023, during which the DOT asked the airlines to justify maintaining their immunity in light of evolving market conditions. Despite letters of support from local governments, business groups, and other carriers, the DOT reopened the case on July 19, citing persistent concerns.

Chief among these is Mexico’s decision between 2022 and 2023 to reduce hourly operations at Mexico City International Airport (AICM) from 62 to 44, and to shift all cargo flights to Felipe Ángeles International Airport (AIFA). The DOT argues these measures violate Article 11 of the 2015 US-Mexico Air Transport Agreement, which bars either country from unilaterally limiting traffic or capacity except for specific reasons.

“The Mexican government has effectively shut out new entrants from AICM,” the DOT wrote. “Allowing ATI under such constraints would amount to authorizing collusion between carriers that already control nearly 60% of traffic at the fourth-busiest US-Mexico route.”

The DOT also cited a 2023 letter from Mexico’s Ministry of Infrastructure, Communications and Transport (SICT) confirming that no new slots were available at AICM. This, the DOT said, prevents new competitors from entering the market and weakens competitive pressure.

Finally, referencing findings by Mexico’s competition watchdog, COFECE, the DOT reiterated that slot allocation at AICM remains opaque and anticompetitive, with Aeroméxico as the main beneficiary. If the airlines are unable to reverse the decision, the ATI—originally approved in 2016 and enacted in 2017—will officially be rescinded on Oct. 25, 2025.