FEDERAL CIRCUIT COURT STAYS DOT ORDER TERMINATING DELTA/AEROMEXICO ANTITRUST IMMUNITY
December 17, 2025
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On November 12, 2025, the United States Court of Appeals for the Eleventh Circuit stayed a DOT order after Delta and Aeromexico filed a lawsuit last month alleging that the Department had violated the Administrative Procedure Act. Since the Department sought to terminate antitrust immunity effective January 1, 2026, the Eleventh Circuit stayed the agency order until a three-judge panel can thoroughly review the validity of DOT’s decision. The key takeaway is that Delta and Aeromexico will not be required to unwind their joint venture by January 1, 2026. Until the Eleventh Circuit issues a detailed decision on the validity of DOT’s order, the Delta/Aeromexico JV will remain in place as the lawsuit proceeds. Joint scheduling and pricing between the JV partners can continue while the Eleventh Circuit’s stay remains in effect. While the Department hoped to swiftly unwind the Delta-Aeromexico partnership due to anticompetitive concerns within the U.S.-Mexico market, the stay further prolongs the cross-border dispute between the United States and Mexico over the Mexican government’s alleged non-compliance with the 2015 U.S.-Mexico Air Transport Agreement. DOT plans to further contest this matter, demonstrating the Trump administration’s focus on enforcing strict compliance with bilateral aviation agreements.
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