Overview
- The U.S. Court of Appeals for the Eleventh Circuit vacated the DOT’s September 2025 termination order on Aug. 20, 2026, ruling the agency’s decision was arbitrary and capricious.
- The court found DOT shifted from its prior country‑wide U.S.–Mexico city‑pair analysis to a Mexico City‑focused review without adequately explaining the change.
- As a result of the ruling, the Delta–Aeroméxico joint venture remains in force and the carriers continue to coordinate schedules, fares, capacity and revenue sharing under antitrust immunity.
- The Department of Transportation said it is reviewing the opinion and may pursue legal options, including reopening the case after conducting a broader, more consistent market analysis.
- The decision is procedural rather than a judgment on competition merits, but it preserves a pact that shapes route networks, consumer choice and U.S.–Mexico aviation diplomacy while leaving the underlying competition questions unresolved.