Legal Alert – Insight 06

On February 18, 2026, the Ministerio de Transportes y Comunicaciones (MTC), through Ministerial Resolution No. 093-2026-MTC/01.02, approved the “Criteria for the International Air Transport Liberalization Process.” This development is positive insofar as it enhances regulatory predictability and provides greater legal certainty to the aviation sector.

Notwithstanding the foregoing, certain relevant scenarios that warranted consideration were not incorporated into the final text. José Luis Manrique Barthé assesses these omitted scenarios and concludes that it is necessary to move beyond a reciprocity-based framework—grounded in a quid pro quo approach—and transition toward a competition-driven model, which offers comparatively greater structural and economic advantages.

 

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