Tension in the Skies: United States Launches Offensive Against Mexico Over Air Agreement Violations
The U.S. announces harsh measures against Mexico for violating the bilateral air agreement, jeopardizing the strategic alliance between Delta and Aeromexico.
The United States government, through Secretary of Transportation Sean P. Duffy, announced a package of actions against Mexico this Saturday, accusing the country of continuously violating the Air Transport Agreement signed in 2015. The measures are a response to what Washington describes as anti-competitive practices and a failure by Mexican authorities to comply with international commitments.
The dispute stems from a series of decisions by the Mexican government that began in 2022. At that time, authorities proceeded with the reallocation of slots (takeoff and landing times) historically held by U.S. airlines at Mexico City's Benito Juárez International Airport (MEX). Additionally, all United States cargo carrier operations were forced to move from MEX to Felipe Ángeles International Airport (AIFA), a more distant terminal with greater logistical complexities for operators.
According to the Department of Transportation (DOT), the Mexican government's justifications, which included alleged saturation at MEX and the need for infrastructure work, did not materialize nearly three years later, resulting in economic damages for American companies.
What does the termination of antitrust immunity mean for Delta and Aeromexico?
Antitrust immunity (ATI) allows airlines in a Joint Venture to operate as a single entity on specific routes. They can coordinate pricing, schedules, and capacity, as well as share revenue. Without this immunity, Delta and Aeromexico must dissolve their joint cooperation agreement. While they can maintain codeshare agreements and frequent flyer programs, they will no longer be able to collaborate on the strategic and commercial management of their flights between the U.S. and Mexico, reducing their ability to compete against other alliances.
Secretary Duffy was blunt in his statement, remarking that "the previous administration allowed Mexico to violate our bilateral agreement. That ends today." He further stated that the announced actions are a warning to any country that thinks it can exploit the U.S. market and that the "America First policy means fighting for fairness."
Measures Announced by the United States
The DOT has detailed a three-point plan in response:
Mandatory Schedule Filing: All Mexican airlines operating flights to the United States must file their schedules with the DOT for oversight.
Prior Approval for Charter Flights: Explicit DOT approval will be required before the operation of any large-capacity charter flights between the two countries.
Review of the Delta-Aeromexico Alliance: The most significant measure is the proposal to revoke the antitrust immunity (ATI) that protects the joint venture between Delta Air Lines and Aeromexico.
This final action, if confirmed, would force a reconfiguration of one of the most important cross-border alliances in the region. Cooperation would be limited to formats that do not require ATI, such as the aforementioned codeshare agreements and loyalty program reciprocity. Delta could maintain its equity stake in Aeromexico, but the core of their joint business would be dismantled. The DOT had already issued a tentative order in January 2024 to withdraw this immunity, citing the same concerns that now underpin this new offensive, according to official DOT documents.
Criticism of Mexican Airport Management
The official U.S. government document emphasizes that Mexico has unilaterally reduced capacity at its main airport, withdrawn slots from U.S. operators, and lacks a transparent slot allocation system, thereby contravening international standards. It also criticizes the forced relocation of cargo operations, which was ordered with just 108 business days' notice, a move that, according to industry reports like The Loadstar, created significant uncertainty in the supply chain.
For Washington, "Mexico abandoned its international commitments and distorted the market balance, harming companies that operate legally and competitively." The U.S. government concluded its announcement by stating that it is monitoring the policies of other trading partners, including members of the European Union, to ensure compliance with bilateral air agreements.
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