DELTA AND AEROMEXICO SEEK JUDICIAL REVIEW OF DOT ORDER TERMINATING ANTITRUST IMMUNITY
November 19, 2025
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On October 9, 2025, Delta and Aeromexico filed a petition in the United States Court of Appeals for the Eleventh Circuit seeking judicial review of DOT’s order terminating antitrust immunity of the Delta/Aeromexico joint venture. Absent court order, DOT instructed Delta and Aeromexico to unwind their immunized joint venture by January 1, 2026. Both carriers argue that the January 2026 deadline is impracticable given the entangled cross-border operations which have resulted from the Department’s initial grant of ATI back in December 2016. In addition to requesting that the Eleventh Circuit examine whether DOT had the underlying statutory authority to issue the order in the first place, Delta and Aeromexico also requested a stay to prevent DOT from enforcing the January 1, 2026 deadline. Like the Russian overflight matter potentially impacting Chinese air carriers, we expect the Department to defend its ATI decision in the Eleventh Circuit given that the Trump administration claims the Mexican government, similar to the Chinese government, consistently fails to demonstrate compliance with the applicable bilateral agreement. While the future of the Delta and Aeromexico joint venture hangs in the balance, carriers should take note that the Department continues to aggressively enforce foreign government compliance with Open Skies agreements.
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