DOT MAKES MOVES TO RESTRICT MEXICAN AIRLINES DUE TO ALLEGED VIOLATION OF OPEN SKIES PRINCIPLES
August 1, 2025
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On July 19, 2025, the U.S. Department of Transportation (“DOT” or the “Department”) announced several actions aimed at combating and correcting Mexico’s alleged noncompliance with the 2015 U.S.-Mexico Air Transport Agreement and purported anti-competitive behavior. In a pair of Orders (i.e., Orders 2025-7-10 and 2025-7-11), DOT asserted that Mexico has, among other things, failed to comply with the bilateral agreement since 2022 when it rescinded slots and then required U.S. all-cargo carriers to vacate Mexico City Benito Juárez International Airport (“MEX”). To ensure fair and pro-competitive aviation markets, the Department will (1) require the below listed Mexican airlines to file schedules with the Department for all scheduled U.S. operations, (2) require prior DOT approval, via a statement of authorization, before the below listed airlines can operate any large passenger or cargo aircraft charter flights to or from the United States, and (3) propose to withdraw the antitrust immunity (“ATI”) granted to the Aeromexico-Delta joint venture and take other corrective action to address competitive issues in the market (see below for more information).
The Orders requiring schedules filings and prior DOT approval before operating to or from the United States impact the following Mexican air carriers:
- Aeroméxico
- Aeroméxico Connect
- Viva (formerly Viva Aerobus)
- Aerus
- Volaris
- TAR México
- Estafeta Carga Aérea
- Mas Air
- Avianca Cargo México (formerly AeroUnion)
- Awesome Cargo
- Magnicharters (not included in Order 2025-7-11)
- TUM Aerocarga (formerly MCS Aerocarga) (not included in Order 2025-7-11)
- Aeronaves TSM (not included in Order 2025-7-11)
More specifically, beginning August 18, 2025, the affected Mexican carriers must file applications for statements of authorization at least 30 calendar days before operating any proposed charter flights to or from the U.S. using large aircraft. By close of business on July 29, 2025, the affected Mexican carriers must file with DOT (via email at ScheduleFiling@dot.gov) any and all existing schedules for combination and all-cargo services, including code-share, common branding, and extra sections, between any points not in the U.S. and any point in the U.S. Any proposed schedule must also be filed with DOT at least 30 days prior to inauguration of service. Our readers may recall that the Department previously imposed similar requirements against foreign air carriers from home countries who restricted access to U.S. air carriers (e.g., China and Hong Kong).
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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