11th Circuit Vacates DOT Order, Keeps Delta–Aeroméxico Joint Venture Intact

The U.S. Court of Appeals for the Eleventh Circuit has vacated a Transportation Department order that would have forced Delta Air Lines and Aerovías de México, known as Aeroméxico, to unwind their joint venture, allowing the airlines’ partnership and antitrust immunity to remain in place after months of uncertainty.

The ruling, issued Aug. 20, is an immediate win for the carriers in a closely watched airline regulation dispute. In practical terms, it preserves a long-running cross-border partnership that the U.S. Department of Transportation had ordered terminated, meaning the airlines can continue cooperating under the arrangement for now.

Aeroméxico said in a press release and a Form 6-K filing on Aug. 20 that the court “vacated the U.S. Department of Transportation’s order terminating approval of the Aeroméxico-Delta joint venture and its antitrust immunity” and that “the joint venture and its antitrust immunity remain in effect.”

The now-vacated DOT action was Final Order 2025-9-8, issued Sept. 15, 2025. In that order, the department terminated approval of the carriers’ joint venture under 49 U.S.C. § 41309 and the related grant of antitrust immunity under 49 U.S.C. § 41308. DOT had said the termination would take effect Jan. 1, 2026.

DOT’s 2025 order was based on competition concerns centered on Mexico City, including the effects of Mexican slot allocation and related regulatory changes that the department said distorted competition and advantaged Delta and Aeroméxico in the U.S.-Mexico market. The case was brought by Delta and Aeroméxico against the department.

The dispute drew broader antitrust attention because the partnership is not a typical commercial alliance. It is an antitrust-immunized international joint venture, a status that allows airlines to coordinate more closely than ordinary competitors when the Transportation Department approves it. Delta and Aeroméxico have operated the immunized venture since receiving DOT approval in 2016.

The U.S. Justice Department’s Antitrust Division had backed DOT’s position in 2025 comments filed in the administrative proceeding, supporting the department’s move to terminate the arrangement.

Delta welcomed the court’s decision in a public statement issued Aug. 21. “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,” the airline said. “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.”

Aeroméxico, for its part, emphasized the immediate effect of the ruling: the partnership remains intact and its antitrust protections continue.

The case stems from an unusual move by DOT in 2025 to withdraw an already approved international airline joint venture, citing changed competitive conditions, especially at Mexico City International Airport. The Eleventh Circuit’s action reverses that agency step and leaves the airlines’ cooperation in place rather than forcing a breakup under the 2025 order.

No public response from DOT was identified in the materials reviewed, and no rehearing filing had been identified as of the research.