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Wide-body aircraft taxiing at Mexico City International Airport under cloudy sky

Image: Julian Herzog ( Website ) · CC BY 4.0 · via Wikimedia Commons

AirlinesBy The Touch & Go EditorialPublished Jun 21, 8:15 PM3 min read

US DOT moves to end Delta-Aeromexico JV despite new US-Mexico slot agreement

US Department of Transportation maintains decision to revoke Delta-Aeromexico joint venture immunity amid ongoing legal and regulatory disputes over Mexico City airport slot restrictions.

The gist

DOT rejects US-Mexico slot access deal as insufficient and pursues ending Delta-Aeromexico JV antitrust immunity.

Continuing coverage

All Mexico City Airport

The US Department of Transportation (DOT) is pressing ahead with its effort to terminate the joint venture between Delta Air Lines and Aeromexico by rescinding the antitrust immunity that allowed their partnership to operate competitively. This move comes despite a recent memorandum of understanding between US and Mexican officials aimed at resolving broader concerns regarding competition and slot access at Mexico City International Airport.

In 2025, the DOT rescinded antitrust immunity for the Delta-Aeromexico JV, citing Mexico’s restrictions on flights at Mexico City International Airport as unfairly disadvantaging US airlines other than Delta, therefore distorting competition. The department also asserted that Mexico’s policies violated provisions of the US-Mexico Air Transport Agreement. Delta subsequently appealed the decision in federal court last October and was permitted to maintain the partnership during the appeal process, which remains pending.

On May 5, the DOT announced it had signed a memorandum of understanding with Mexico outlining a framework to bring Mexico’s slot policies into alignment with international norms. According to the DOT, Mexico committed to halting behaviors deemed anticompetitive with respect to slot allocation at Mexico City International Airport. Delta, in a June 4 submission to the appeals court, highlighted this agreement as potentially relevant, suggesting that competitive concerns could be addressed without terminating the JV.

The DOT, however, disagreed strongly in its June 15 filing, emphasizing that the memorandum is a non-binding document that does not resolve any competition issues. The department insisted that Mexico must demonstrate concrete regulatory reforms and changes in competitive dynamics to merit reconsideration. Only if Mexico implements such reforms could Delta and Aeromexico potentially seek renewal or new approvals for antitrust immunity.

The dispute centers on Mexico’s 2022 decision to restrict flights at Mexico City International Airport and relocate US carriers and cargo operators to the new Felipe Angeles International Airport, located farther from the city. Mexico reduced the number of available slots and reclaimed slots previously held by US airlines at Mexico City, measures that the DOT characterized as nontransparent and severely limiting US carrier access.

The DOT specifically noted that such policies accord an unfair advantage to Delta and Aeromexico by protecting their dominant position at Mexico City International Airport. This viewpoint supported the department’s 2025 decision to revoke immunity for the JV. The US-Mexico memorandum includes Mexico’s commitment to adopt slot policies that align with international best practices and guarantees fair and transparent access for US carriers seeking to operate at Mexico City International.

Legal arguments will continue in court as attorneys for both the DOT and the airline partners prepare for oral arguments scheduled on June 22. Meanwhile, Delta has not publicly responded to recent DOT filings or requests for comments. The outcome will significantly impact competition and operational rights of US carriers in the Mexico City market.

This dispute exemplifies ongoing challenges in bilateral air service agreements, especially when slot allocation at congested airports impacts competitive balance. Mexico’s new airport policies aim to balance domestic infrastructure development priorities with international obligations, but regulatory uncertainties persist. The DOT’s insistence on evidence-based reforms underscores US authorities’ vigilance to protect their carriers’ market access against perceived restrictive foreign aviation policies.

Future developments will hinge on Mexico’s willingness and ability to implement transparent slot management reforms at Mexico City International, as well as judicial rulings on the legality of the DOT’s revocation of antitrust immunity for the Delta-Aeromexico JV. For Delta and Aeromexico, continued uncertainty complicates strategic planning and could affect their collaborative operations in North America’s highly competitive aviation market.

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AirlinesAug 2, 5:30 AM

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