Aeroméxico and Delta win legal battle in U.S.; alliance and antitrust immunity remain intact

Aeroméxico and Delta Air Lines have successfully defended their joint venture and antitrust immunity in a U.S. Court of Appeals ruling. The Eleventh Circuit Court of Appeals has overturned a previous order from the U.S. Department of Transportation (DOT) that aimed to terminate the airlines' partnership and remove its antitrust protection.

The decision means the codeshare agreement and its associated antitrust immunity remain in effect. Aeroméxico stated that this allows the airlines to continue offering greater connectivity, a broader network, and diverse service options for travelers journeying between Mexico and the United States. The DOT had initiated proceedings in 2025 to revoke the alliance's approval and immunity, citing competition concerns in the U.S.-Mexico air service market.

In July 2025, the DOT issued an order proposing the removal of antitrust immunity for the joint venture. This was followed by a September 2025 announcement that the department had terminated the joint venture's approval and withdrawn its antitrust immunity. U.S. Transportation Secretary Sean P. Duffy indicated that the measure was partly a response to alleged non-compliance with the U.S.-Mexico Air Transport Agreement.

The DOT had asserted that Mexico had not taken sufficient steps to address these issues and that the alliance posed competitive problems in the air market between the two nations. The terminated alliance had received authorization and antitrust immunity from the DOT since 2016, permitting Delta and Aeroméxico to coordinate network planning, pricing, and sales.

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As a result, the joint cooperation agreement and its antitrust immunity remain in force, allowing Aeroméxico and Delta to continue offering greater connectivity.