A U.S. court on Thursday ruled in favor of Delta Air Lines and Aeromexico retaining their antitrust immunity, thereby vacating the U.S. Department of Transportation's September 2025 order to terminate their joint venture, according to a court filing.
The airlines in February filed a petition in the U.S. 11th Circuit Court of Appeals to void DOT's ruling, arguing that it was "arbitrary and capricious."
The court ruled that DOT "did not reasonably explain why it conducted a far more limited market analysis in this case than it has always done in the past." The court also noted that DOT had "imposed a requirement for approval of the joint venture that it did not require of similar joint ventures it approved in Japan."
DOT's termination order had cited Mexico's noncompliance with the 2015 U.S.-Mexico Air Transportation Agreement, initially ordering the joint venture to wind down by Jan. 1, 2026.
The carriers had received approval for the JV in 2016.
"For nearly a decade, Delta's joint cooperation agreement with Aeromexico has provided greater choice, more seamless travel, and increased connectivity for consumers while supporting U.S. jobs and economic growth," Delta said in a statement. "We appreciate the 11th Circuit's careful review and remain focused on ensuring our customers, employees, and communities continue to benefit from this longstanding partnership."
"The department is committed to protecting competition and achieving the best outcomes for the traveling public," DOT said in a statement. "Even as we review the court's decision, and consider all available legal options, we will continue to work with the Mexican government to ensure it fulfills its obligations and treats all U.S. carriers fairly. We are encouraged by recent conversations with the government of Mexico and look forward to Mexico's full compliance with the agreement."
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