Bates White expert submits report on behalf of Aeroméxico in response to DOT airline belly cargo order

In November 2025, Dennis McWeeny was retained by the airline Aeroméxico in response to a proposed order from the US Department of Transportation (DOT) that would prohibit Mexican airlines from transporting cargo in the baggage or “belly” hold of passenger flights between the United States and Mexico City International Airport. The DOT issued the proposed order in response to an earlier decree from the Mexican government that prohibited all-cargo dedicated freighter airlines (such as UPS) from operating at Mexico City International Airport, which caused them to move to another airport in Mexico City. The DOT claims that the Mexican government’s decree created a “competitive imbalance” between belly cargo and all-cargo carriers that the proposed order seeks to address.

In his expert report (available on the DOT’s case docket), Dennis analyzed economic issues of market definition and closeness of competition between belly cargo and all-cargo service, the competitive effects of the Mexican government’s decree, and the likely competitive effects of the DOT’s proposed order. He found that belly cargo and all-cargo service are relatively distant substitutes and that the Mexican government’s decree did not create a “competitive imbalance.” He also opined that the DOT’s proposed order is likely to substantially lessen competition for the transportation of belly cargo between the United States and Mexico City and is likely to cause material economic harm to cargo shippers. A final decision on the proposed order is pending from the DOT.

Dr. McWeeny was supported by a team including Eleanna Crook, Joanne Le, Nan Liu, Mir Adnan Mahmood, and Alex Moon.