US threatens to revoke Delta-Aeromexico antitrust immunity over competition concerns

The Trump administration is considering revoking the antitrust immunity granted to Delta Air Lines and Grupo Aeromexico’s pricing partnership as it pushes Mexico to take action against anticompetitive practices.

A directive issued on Saturday by US Transportation Secretary Sean Duffy now requires Mexican carriers to submit flight schedules to US regulators and obtain clearance for major charter flights.

In addition, a separate show cause order proposes ending the Delta-Aeromexico joint venture’s immunity, stating that the arrangement no longer aligns with the public interest.

“The department could disapprove flight requests from Mexico if the government fails to address US concerns over decisions made in 2022 and 2023. The department is also proposing to withdraw antitrust immunity from the Delta Air Lines joint venture with Aeromexico to address competitive issues in the market,” he said.

Mexico is the most popular international destination among U.S. airline travelers. Delta was not immediately available for comment.

The Transportation Department said Mexico has not been in compliance with a bilateral air agreement since 2022 when it abruptly rescinded slots and then forced U.S. all-cargo carriers to relocate operations in 2023.

Duffy said Mexico was expected to allow construction to alleviate congestion  at Mexico City’s Benito Juarez International Airport (MEX), but that has yet to materialize three years later.

“By restricting slots and mandating that all-cargo operations move out of MEX, Mexico has broken its promise, disrupted the market, and left American businesses holding the bag for millions in increased costs,” the department said.

The Transportation Department issued a pair of orders requiring Mexican airlines to file schedules with the department for all their U.S. operations and requiring prior U.S. approval before operating any large passenger or cargo aircraft charter flights to or from the United States.

“Mexico has altered the playing field significantly for airlines in ways that reduce competition and allow predominant competitors to gain an unfair advantage in the U.S.-Mexico market,” the department said.

“Mexico’s actions harm airlines seeking to enter the market, existing competitor airlines, consumers of air travel and products relying on time-sensitive air cargo shipments traded between the two countries, and other stakeholders in the American economy.”

If the U.S. rescinds antitrust approval for Delta and Aeromexico, they would be required to discontinue cooperation on common pricing, capacity management, and revenue sharing, but Delta would also be able to retain its equity stake in Aeromexico, maintain all of its existing flying in the U.S.-Mexico market unimpeded and continue a partnership.

With inputs from agencies