US Threatens to Revocate Antitrust Immunity for Delta-Aeromexico Deal Amid Mexico's Anticompetitive Behavior.

The US Transportation Department has issued an order threatening to revoke antitrust immunity for Delta Air Lines and Grupo Aeromexico's pricing agreement due to Mexico's alleged anticompetitive behavior. The order requires Mexican airlines to file schedules with US authorities and seek approval for large charter flights. The US alleges that Mexico has been acting outside of a 2015 agreement since 2022, restricting air cargo flights at Mexico City's Benito Juarez airport.

The U.S. Transportation Department has issued an order threatening to revoke antitrust immunity for Delta Air Lines Inc. and Grupo Aeromexico SAB de CV's pricing agreement, citing Mexico's alleged anticompetitive behavior. The order, issued by Transportation Secretary Sean Duffy, requires Mexican airlines to file schedules with U.S. authorities and seek approval for large charter flights [1].

The order is a response to Mexico's actions since 2022, which include restricting air cargo flights at Mexico City's Benito Juarez International Airport (MEX) and forcing U.S. cargo carriers to relocate operations. The Mexican government claimed these measures were necessary for construction to alleviate congestion, but construction has yet to materialize [2].

The U.S. alleges that Mexico has been acting outside of the 2015 U.S.-Mexico Air Transport Agreement, which aimed to create a liberalized operating environment for all airlines. The agreement eliminated government restrictions on routes, allowing airlines from both countries to fly between any city in Mexico and any city in the United States [2].

The order to revoke antitrust immunity for the Delta-Aeromexico joint venture is the latest in a series of countermeasures taken by the U.S. against Mexico's alleged violations of the agreement. The U.S. has also proposed to withdraw antitrust immunity from the Delta-Aeromexico joint venture, which could force the termination of cooperation between the two carriers, affecting over 90 daily flights between the United States and Mexico [1].

The U.S. argues that Mexico's actions have created an uneven playing field, putting U.S. airlines at a disadvantage. The slot reductions at MEX and the lack of transparent allocation processes have reduced competition and allowed predominant competitors to gain an unfair advantage in the U.S.-Mexico market [2].

The order is part of ongoing diplomatic efforts to resolve the conflict between the two countries. In June 2023, the Mexican Secretariat of Infrastructure, Communications, and Transportation and the U.S. DOT issued a joint statement stressing the importance of developing the bilateral relationship in a manner fully consistent with the 2015 U.S.-Mexico Air Transport Agreement [2].

References:
[1] https://www.reuters.com/world/us/us-threatens-mexican-airline-flights-over-airline-competition-issues-2025-07-19/
[2] https://www.airwaysmag.com/new-post/us-mexico-air-transport-agreement-hard-turn