Delta Loses Antitrust Immunity on Mexico Routes Over Airport Dispute

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ATLANTA- Delta Air Lines (DL) lost its antitrust immunity in a joint venture with Aeromexico on US-Mexico routes. This stems from a dispute over slot restrictions at Mexico City’s Benito Juárez International Airport (MEX).

The US Department of Transportation (DOT) ended the immunity due to anti-competitive practices favoring Aeromexico at the busy airport. Delta plans to review the decision while maintaining normal operations.

Photo: BriYYZ | Flickr

Delta Loses Antitrust Immunity

The DOT determined that Mexico’s slot allocation system at Benito Juárez International Airport placed US and other foreign carriers at a disadvantage.

Aeromexico, which controls the majority of slots at MEX, retained a dominant position while competitors struggled to secure access.

According to PYOK, this imbalance prompted the DOT to act, removing the antitrust immunity that had previously allowed Delta and Aeromexico to coordinate pricing, schedules, and capacity.

When the DOT first signaled its intent in July, the Mexican government responded with concessions. These included returning confiscated slots to US carriers in future scheduling seasons and creating a new regulator to manage allocations.

However, the DOT concluded that these measures were incomplete, calling the matter an “evolving situation” with unresolved concerns.

As a result, the DOT confirmed that antitrust immunity for the Delta–Aeromexico alliance will be suspended effective January 1, 2026.

Originally, the termination was set for October 2025, but regulators extended the deadline due to “practical challenges” involved in dismantling the joint venture.

Photo: Delta

Impact on Airlines and Travelers

For Delta, the ruling represents a setback in its transborder strategy. Without antitrust immunity, the carrier cannot fully integrate operations with Aeromexico, reducing efficiency on shared routes.

Passengers may face fewer coordinated schedules, reduced connectivity, and potential fare impacts as competition dynamics shift.

Delta voiced disappointment in the decision, stating it would “cause significant harm to U.S. jobs, communities, and consumers traveling between the US and Mexico.”

The airline added that it is reviewing the order and considering next steps, while reassuring that all current flights will continue to operate normally.

Aeromexico, meanwhile, maintains its strong presence at MEX. However, without the joint venture’s legal protections, the partnership with Delta could lose competitiveness against other carriers serving US–Mexico routes.

Photo: XA-AML Aeroméxico Boeing 737-852 s/n 36707 | N967NN American… | Flickr

Mexico City Airport’s Chronic Capacity Challenges

Benito Juárez International Airport (MEX) has been operating beyond its designed capacity for years.

To manage congestion, the Mexican government capped available slots and proposed shifting airline operations to secondary airports on the city’s outskirts.

These measures faced resistance, as most travelers prefer MEX for its central location and connectivity.

Although large-scale improvement works were promised at MEX, they have yet to begin, leaving airlines restricted despite the absence of new infrastructure.

This unresolved congestion remains a key factor in the DOT’s frustration, as it directly impacts fair competition for US airlines.

Photo: By Tomás Del Coro from Las Vegas, Nevada, USA – N342AM Aeroméxico 2005 Boeing 737-8Z9(WL) – cn 34262 / ln 1720, CC BY-SA 2.0, https://commons.wikimedia.org/w/index.php?curid=58161328

Broader Regulatory Context

The ruling underscores the US government’s willingness to enforce competition under Open Skies agreements.

By suspending Delta and Aeromexico’s immunity, the DOT signaled it will not tolerate market imbalances that disproportionately benefit one carrier at the expense of rivals.

The decision also raises broader questions about how Mexico manages its aviation infrastructure and whether promised reforms will materialize to ensure transparent slot allocation in the future.

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