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US DOJ Backs Move to Strip DeltaAeromexico Antitrust Immunity

DOJ endorsement reinforces DOT’s requirement for Mexican carriers to file U.S. schedules pending changes to slot allocations at Mexico City airport.

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Delta Air Lines planes are seen at John F. Kennedy International Airport on the July 4th weekend in Queens, New York City, U.S., July 2, 2022. REUTERS/Andrew Kelly/File Photo
A plane of Mexican airline Aeromexico takes off from the Benito Juarez International airport in Mexico City, Mexico February 1, 2022. REUTERS/Luis Cortes/File Photo
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Overview

  • On August 11, the Justice Department published comments endorsing DOT’s proposal to revoke the joint venture’s antitrust immunity.
  • DOT first flagged non-transparent slot allocations and cargo relocations at Benito Juárez Airport when it introduced stricter July rules for Mexican carriers.
  • Under DOT’s measures, Mexican airlines must submit detailed U.S. flight schedules and obtain approval for large charter operations.
  • Cirium data show 14 carriers serving US–Mexico routes in August with nearly four million seats, about 20% supplied by Delta and Aeromexico.
  • Mexican authorities have not publicly altered slot allocation policies at Mexico City’s airport despite ongoing bilateral regulatory talks.