DOT ENDS DELTA/AEROMEXICO ANTITRUST IMMUNITY COME JANUARY 2026
October 8, 2025
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On September 15, 2025, the Department issued Order 2025-9-8 terminating approval of the Delta/Aeromexico joint venture as well as the accompanying grant of antitrust immunity. While DOT used to grant ATI indefinitely, recent approvals have been subject to periodic review. In this proceeding, DOT found that the Delta/Aeromexico joint venture is adverse to the public interest (and substantially reduces competition) due to changed circumstances since DOT first granted ATI in December 2016. Specifically, recent actions of the Government of Mexico have restricted the U.S.-Mexico air services market, including arbitrarily removing slots from longstanding slot holders at Benito Juarez International Airport and prohibiting all-cargo operations at MEX. These issues – and particularly concerns about access to MEX by other U.S. air carriers, have been a concern of DOT since ATI was granted in 2016.
Should conditions improve in the U.S.-Mexico market and if Mexico begins to fully comply with the U.S.-Mexico Air Transport Agreement, the Order clarified that Delta and Aeromexico can “refresh the record and seek to demonstrate that a new joint venture will meet statutory standards.” Of note, the Order permits Delta and Aeromexico to continue cooperating through codesharing, frequent flyer program cooperation, and other joint marketing activities. Absent further legal proceedings, the termination becomes effective January 1, 2026.
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