[Federal Register Volume 90, Number 142 (Monday, July 28, 2025)]
[Notices]
[Page 35579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-14207]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

[Docket No. DOT-OST-2015-0070]


Withdrawal of Approval and Grant of Antitrust Immunity to 
Alliance Agreements Under 49 U.S.C. 41308 and 41309

AGENCY: Office of the Secretary of Transportation (OST), Department of 
Transportation (DOT).

ACTION: Notice of Supplemental Order to Show Cause.

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SUMMARY: The United States Department of Transportation has issued a 
Supplemental Order to Show Cause tentatively withdrawing the approval 
of and grant of antitrust immunity (ATI) for alliance agreements 
concerning the joint venture (JV) between Delta Air Lines, Inc. (Delta) 
and Aerovias de Mexico, S.A. de C.V. (Aeromexico).

DATES: The order was served on July 19, 2025. Objections or comments to 
the Department's tentative findings and conclusions shall be due no 
later than 14 calendar days from the service date of the Order, and 
answers to objections shall be due no later than seven (7) business 
days thereafter. Interested parties and potential commenters should 
check the above-captioned docket on www.regulations.gov for further 
updates from the Department on the procedural schedule. In the event 
that no objections are filed, all further procedural steps shall be 
deemed waived, and the Department may enter an order making final the 
tentative findings and conclusions.

ADDRESSES: You may send comments, identified by docket number DOT-OST-
2015-0070, via the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for sending comments. In 
addition, comments must be properly served on all interested parties in 
accordance with the Department's procedural regulations (14 CFR part 
302).

FOR FURTHER INFORMATION CONTACT: Jason Horner, Transportation Industry 
Analyst, Office of Aviation Analysis, 1200 New Jersey Avenue SE, 
Washington, DC 20590; telephone: (202) 366-5903; email: 
[email protected].

SUPPLEMENTARY INFORMATION: On July 19, 2025, the Department issued a 
Supplemental Order to Show Cause (Order 2025-7-12) tentatively 
withdrawing the approval of and grant of antitrust immunity for 
alliance agreements concerning the JV between Delta and Aeromexico. The 
supplemental order provides the Department's reasoning, including 
detailing ongoing competitive concerns in the U.S.-Mexico air services 
market. If finalized, Delta and Aeromexico will cease to have a grant 
of ATI following a wind down period that ends at midnight on October 
25, 2025. The joint venture agreement and the agreement(s) integral to 
the joint venture that require antitrust immunity would also be 
disapproved.
    The Supplemental Order to Show Cause has been posted in docket DOT-
OST-2015-0070 at www.regulations.gov. The order directs all interested 
persons to show cause why the Department should not issue an order 
making final the tentative findings and conclusions discussed therein. 
Objections or comments to the tentative findings and conclusions are 
due no later than 14 calendar days from July 19, 2025, the service date 
of the order, and answers to objections shall be due no later than 
seven (7) business days thereafter. In the event that no objections are 
filed, all further procedural steps shall be deemed waived, and the 
Department may enter an order making final the tentative findings and 
conclusions. Comments must be properly served on all interested parties 
in accordance with the Department's procedural regulations (14 CFR part 
302).

(Authority: 14 CFR part 303.43)

Jared Smith,
Deputy Assistant Secretary, Office of Aviation and International 
Affairs, U.S. Department of Transportation.
[FR Doc. 2025-14207 Filed 7-25-25; 8:45 am]
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