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11th Circuit Overturns DOT Order Targeting Delta–Aeroméxico Joint Venture

Preserving antitrust immunity for now, the ruling leaves the Department of Transportation to decide whether to redo its market analysis or reopen the case with Mexico.

Overview

  • This week the 11th U.S. Circuit Court of Appeals vacated the Department of Transportation’s 2025 order that would have ended most cooperation between Delta and Aeroméxico.
  • The court said the DOT used an inconsistent market-definition and acted arbitrarily by treating this partnership differently from other U.S. airline joint ventures.
  • As a result, the carriers keep antitrust immunity and continue to coordinate schedules, fares, capacity and revenue sharing under the existing joint venture.
  • The DOT has told reporters it will review the opinion and continue talks with the Mexican government about compliance and fair treatment of U.S. carriers.
  • The venture rests on 2015–2016 approvals and Delta’s roughly 20% stake in Aeroméxico, and the next steps could include a reworked DOT analysis, renewed enforcement action, or diplomatic settlement that would change cross‑border service rules.