US DOT Sets Aug 11 Deadline on Aeroméxico-Delta Immunity

The US Department of Transportation (DOT) has set an 11-day deadline for Aeroméxico and Delta Air Lines to submit objections and comments regarding the DOT’s proposal to withdraw antitrust immunity from their joint venture (JV), which has operated since 2017. The deadline follows the DOT’s refusal to grant a four-week extension requested by both airlines, instead approving a seven-day extension that expires on Aug. 11, 2025.

The DOT issued the initial proposal on July 19, citing Mexico’s alleged violation of the 2015 bilateral aviation agreement. The agency’s concerns focus on Mexico’s reduction of takeoff and landing slots at Mexico City International Airport (AICM) and the transfer of dedicated cargo operations to Felipe Ángeles International Airport (AIFA), which the DOT claims negatively affects US carriers.

In response, Aeroméxico stated it would review the order jointly with Delta but has not yet issued an official position. The DOT document notes, “The joint applicants request a four-week extension, arguing valid grounds exist and that such an extension would be fair and appropriate under the circumstances.” The DOT also referenced similar support for the extension from Allegiant Air and Viva, which have pursued their own alliance since 2021.

However, the DOT justified limiting the extension to one week, noting, “The period to respond to a motion is seven business days, and the airlines were already granted 14 calendar days.” The agency added, “Extending the comment period by one week gives the joint applicants and other interested parties additional time to respond to the Department’s preliminary findings. The original deadlines are customary and reasonable.” The DOT also warned that a longer extension could unnecessarily harm affected parties by prolonging competitive issues between the US and Mexican markets.

Accordingly, the DOT granted a partial extension, requiring objections or comments by Aug. 11, 2025, and responses to those objections by Aug. 20, 2025.