‍WASHINGTON D.C. — The U.S. Department of Justice has stepped forward with a decisive nod of support for the Department of Transportation’s recommendation: it’s time to pull the antitrust immunity from the Delta–Aeroméxico alliance. 

The filing makes one thing clear: what once made sense back in 2016 simply doesn’t apply anymore. 

Why This Counts

Antitrust immunity isn’t a free pass; it’s an exception made when coordination between airlines serves the public interest. Back in 2016, both the U.S. and Mexican governments believed passengers would benefit from better connectivity and pricing through coordinated routes, schedules, and capacity. 

But the DOJ now sees a changed reality. Without fair access to Mexico City’s Benito Juárez International Airport (MEX), that justification has crumbled.

What Changed?

The DOT first signaled trouble for the partnership back in January, citing several moves from Mexico’s aviation authorities:

• Slot reallocations at MEX that limited openings for rival carriers
• Cargo relocation orders that shifted freight operations away from Benito Juárez
• Operational restrictions that reduced scheduling flexibility

While Delta Air Lines (DL) and Aeroméxico (AM) have defended their partnership as a key driver of connectivity, the DOJ’s latest filing says those arguments no longer outweigh the downsides.

Backing a DOT recommendation first rooted in the Trump administration, the agency cited new orders pressing Mexico to remedy anticompetitive practices at MEX, including limits on carrier entry and expansion. 

While regulators argue these measures have undermined open market access between the two countries, Delta and Aeroméxico counter that their partnership still “fosters enhanced competition” across U.S.–Mexico routes.

The filing also points out that competition in the airline industry is “particularly valuable” for maintaining low fares and improving service.

What Happens Next?

Delta and Aeroméxico haven’t publicly responded yet. The Department of Transportation still holds the final word, but with the DOJ firmly behind the move, the odds of the immunity being revoked are rising. 

If pulled, the alliance’s operational coordination—pricing, scheduling, capacity—would have to be dialed back. Still, Delta could maintain its shareholding in Aeroméxico and continue its routes without interruptions. 

In Plain Talk

This isn’t just legal formalities; it’s about ensuring travelers aren’t caught in an industry stifled by cozy partnerships. The DOJ’s stance is pretty straightforward: when fair competition can’t be guaranteed, special privileges must end.

We’re closely watching how this will reshape cross-border air travel. Stay tuned to Airways for the next chapter, plus expert analysis on how this might ripple through fares, route choices, and overall market dynamics.

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