Volaris clears US antitrust step for Viva deal

Controladora Vuela Compañía de Aviación obtained early termination of the waiting period under the US Hart-Scott-Rodino Act on 31 August 2026 for two transactions linked to its proposed acquisition of Grupo Viva Aerobus. The US Federal Trade Commission published transaction numbers 20260787 and 20260788 the following day, which relate to Autobuses de la Piedad and Inversionistas en Transportes Grupo Toluca respectively.

The early termination under HSR rules exempts Volaris and Viva from exhausting the full statutory waiting period. However, this does not represent final approval or antitrust immunity. The US Department of Justice still retains the authority under Section 7 of the Clayton Act to challenge the combination even after closing, as seen in past aviation cases like JetBlue-Spirit and the American-JetBlue alliance.

The merger also faces ongoing operational limits imposed by the US Department of Transportation on Mexican aviation. Under Order 2025-7-11 issued in July 2025, Mexican airlines must submit US schedules under Part 213. Subsequent measures, Order 2025-10-13 and Order 2025-10-14, rejected 13 routes, froze new operations, and set combination cargo restrictions. Specialists note that under these measures, no new routes or frequencies from the combined airline can currently be approved in the United States.

The transaction must also clear multiple foreign and domestic regulatory hurdles. These include the Mexican National Antitrust Commission, Colombia's Aerocivil, Mexico's National Foreign Investments Commission, and required regulatory updates before the CNBV.