DOJ Moves to End Delta-Aeroméxico Deal, 1.8M Seats at Risk

Washington, D.C. — The U.S. Department of Justice (DOJ) has endorsed the termination of antitrust immunity for the alliance between Delta Air Lines and Aeroméxico, a move that could disrupt over 1.8 million seats on routes between Mexico and the United States. The decision supports an earlier provisional ruling by the U.S. Department of Transportation (DOT), which cited alleged violations of the Bilateral Aviation Agreement by Mexico.

DOJ Cites Competitive Concerns

In a document reviewed by El Financiero, the DOJ stated that the alliance should end due to concerns over restrictive practices by the Mexican government. "The Department of Justice supports the DOT’s provisional decision not to renew antitrust immunity. Evidence suggests that Mexico’s potentially discriminatory practices have limited market entry and expansion for certain airlines, undermining competitive conditions and obstructing open access to U.S.-Mexico routes," the DOJ said.

The termination of the decade-old antitrust protection would force Aeroméxico to restructure its business model, as approximately 30% of its flights operate under the joint agreement. Jesús Ortíz Álvarez, Secretary General of the Mexican Pilots' Union (ASPA), warned, "Aeroméxico’s business model will have to change."

Industry and Labor Pushback

Delta, Aeroméxico, and ASPA are lobbying U.S. authorities for more time to demonstrate the alliance’s benefits. Delta met with the DOT in late July, urging a delay in the final decision. "Delta supports DOT’s efforts to ensure Mexico complies with the bilateral agreement but believes the antitrust immunity should continue," the DOT noted in an August 5 memorandum.

ASPA argued in an August 8 filing that revoking immunity would harm workers and travelers. "Without antitrust immunity, the reciprocity envisioned in the agreement becomes hollow, replacing integration with fragmentation," the union stated. The Mexican College of Aviation Pilots (CPAM) added that U.S. carriers have also benefited from the pact.

Broader Economic Impact

Boeing could also face repercussions, as the Delta-Aeroméxico partnership drove demand for its aircraft. In a 2024 letter to the DOT, Boeing noted that the alliance directly increased orders for its 737 MAX planes, with Aeroméxico receiving 46 such aircraft between 2021 and 2023.

The dispute stems partly from policies under former Mexican President Andrés Manuel López Obrador, including slot reductions at Mexico City International Airport (AICM) and the suspension of cargo operations. These measures have strained U.S.-Mexico aviation relations, prompting the DOT’s scrutiny.

The final decision on the alliance’s fate remains pending, but its termination could reshape the competitive landscape of North American aviation.