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DOJ Backs DOT Plan to Revoke DeltaAeromexico Antitrust Immunity

The Justice Department argues that immunity should be rare, reserving it for ventures that deliver genuine consumer benefits.

Overview

  • The DOJ formally endorsed the DOT’s August proposal to deny renewal of antitrust immunity for the Delta–Aeromexico joint venture.
  • Both the DOT and DOJ cite restrictive access at Mexico City’s Benito Juárez airport with opaque slot allocations as having undercut competition on US–Mexico routes.
  • US and Mexican authorities are engaged in negotiations that have yet to yield a public response from Mexico on the regulators’ slot and access concerns.
  • Industry data show the joint venture controls about 20% of US–Mexico seat capacity, underscoring its significance to the transborder market.
  • If immunity is revoked, the carriers would be barred from coordinating pricing, schedules and capacity, a change that could reshape competition and service offerings.