Delta Air Lines and Aeromexico have jointly filed in a U.S. appeals court a petition for review of the U.S. Department of Transportation's final order that terminates the antitrust immunity agreement between the carriers. The joint venture must wind down by Jan. 1, 2026, according to the agency.
The carriers filed the petition on Oct. 10 with the U.S. Court of Appeals for the Eleventh Circuit, which covers Delta's headquarters state of Georgia.
"The decision for Delta and Aeromexico to petition for review of the DOT's final order is not taken lightly but is our only option at this point in time and procedurally the next step in the process to protect Delta's and Aeromexico's business interests, global networks, and customers," Delta wrote in a statement. "Additionally, Delta and Aeromexico are inextricably one business in the transborder market operating for the benefit of U.S. consumers. Unwinding the joint venture by the Jan. 1 deadline the DOT has set would be operationally and financially burdensome."
The carriers intend to request a stay of the Jan. 1 wind-down period to prevent DOT from enforcing that deadline until court proceedings are fully resolved, according to Delta.
DOT in July announced restrictive actions on flights to Mexico that threatened the joint venture, and the U.S. Department of Justice in August sided with DOT on revoking the Delta-Aeromexico antitrust immunity.
Neither Aeromexico nor DOT immediately responded to requests for comment.
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