AEROMEXICO-DELTA ANTITRUST IMMUNITY FACES RENEWED SCRUTINY
August 4, 2025
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To further attempt to remedy Mexico’s alleged noncompliance with the 2015 U.S.-Mexico Air Transport Agreement, the Department issued a Supplemental Order to Show Cause (the “Order”) on July 19, 2025, seeking to withdraw the antitrust immunity previously granted to the Aeromexico-Delta joint venture. The Department’s original ATI grant was conditioned on, among other things, slot divestitures at MEX and ongoing compliance with the U.S.-Mexico Air Transport Agreement. According to DOT, the conditions required for the immunized JV no longer exist due to anti-competitive measures imposed by the Mexican government such as:
- Reducing capacity at MEX
- Confiscating U.S. carrier slots at MEX
- Banning all-cargo carriers at MEX (leading to Aeromexico’s share of cargo tonnage at MEX increasing by 10 percent)
- Operating a non-transparent and discriminatory slot allocation program
The Order further noted that the Department provided every opportunity for the circumstances to change, including an 18-month delay such that the new Mexican administration could get up to speed on the matter, yet conditions have worsened, rather than improve. Unless a satisfactory resolution arises in short order such that Mexico fully complies with the U.S.-Mexico Air Transport Agreement, the Department advised that Aeromexico and Delta should use the upcoming “wind down period” to settle accounts and plan for the existing JV’s termination without disrupting consumers. Should the Department finalize the Order’s tentative findings, the parties could continue cross border operations serving U.S.-Mexico markets pursuant to arms-length, rather than immunized, agreements. Any subsequent final order would not become effective until October 25, 2025, at the earliest.
This Aviation Blog is intended to keep readers current on developments in the law. It is not intended to be legal advice. If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202.659.6665 or dderco@eckertseamans.com, Samantha Walter at 412.566.1920 or swalter@eckertseamans.com; or Tyler Myers at 202.659.6642 or trmyers@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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