"Condition Precedent Eliminated": DOJ Argues for the End of the Delta-Aeromexico Alliance
The Department of Justice asserts that Mexico's actions at AICM make the alliance's antitrust immunity "untenable".
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The United States Department of Justice (DOJ) has submitted a forceful filing in support of the Department of Transportation's (DOT) proposal to withdraw the antitrust immunity of the Joint Cooperation Agreement between Delta Air Lines and Grupo Aeroméxico. In its official comments dated August 8, 2025, the DOJ argues that the fundamental conditions that allowed the pact's original approval no longer exist.
The agency maintains that granting immunity from antitrust laws "must be done sparingly, carefully, and only in pursuit of legitimate-and realized-benefits". The pillar of its argument is that open market access is a "condition precedent to any grant of antitrust immunity by DOT", a principle the DOJ notes the DOT has consistently endorsed.
Access the DOJ Document here
This open-market requirement was the basis for the conditional 2016 approval, which was contingent on the creation of a liberalized bilateral agreement that included "reforms to slot allocation at Benito Juárez International Airport ('MEX')".
What You Need to Know
What is antitrust immunity? It is a special government permission that allows competing airlines to coordinate pricing and operations without violating competition laws, justified by greater public benefits.
Why is the U.S. government acting now? The DOJ supports the DOT's conclusion that "restrictive and potentially discriminatory practices by the Government of Mexico ('GOM') have limited entry and expansion" at AICM, thereby eliminating the open-market condition.
What is the impact at AICM? According to the DOT, Mexico's actions have resulted in "no possibility of new entry at MEX for the foreseeable future", closing the market to competition that could mitigate the alliance's power.
The current conflict traces back to the agreement's inception. The 2016 approval was not indefinite; it stipulated the immunity would last only five years precisely because "it is unclear if the Department's proposed divestitures will be sufficient at the end of that term". The DOT warned then that if sufficient reforms at AICM were not implemented, it "would have to carefully consider whether it could approve a new application".
In its review, the DOT found that this forecast came true negatively. The investigation determined that "the capacity at MEX has been reduced over the last three IATA traffic seasons, to the detriment of both current air carriers and potential new entrants".
The DOJ supports this assessment and underscores the importance of competition for consumers, stating that it "drives lower prices, better quality, and more of the services consumers want". The DOT's final decision is still pending, but with the detailed and firm legal backing of the Department of Justice, the dissolution of the largest alliance between the U.S. and Mexico appears increasingly inevitable.
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