The U.S. Department of Justice supported the Department of Transportation’s 2025 effort to end approval and antitrust immunity for Delta and Aeroméxico’s joint venture, arguing that Mexican government practices could limit competition and airline access at Mexico City International Airport. That was the government’s position, not a finding that the alleged practices had been proved in court. The legal outcome later changed: on August 20, 2026, the Eleventh Circuit vacated DOT’s termination order, and Aeroméxico reported that the joint venture and immunity remain in effect.
Why did the DOJ support ending the joint venture?
DOJ backed DOT’s proposal because it believed government practices in Mexico could distort competition between U.S. and Mexican airlines. In its comments, DOJ said the record suggested restrictions that could limit some carriers’ ability to enter or expand at Mexico City International Airport, weakening competitive conditions.
“The record evidence suggests that restrictive and potentially discriminatory practices by the Government of Mexico . . . have limited entry and expansion by certain carriers at [Mexico City International Airport] and thereby undermined competitive conditions in Mexico.”
This was DOJ’s description of the evidence in the agency proceeding. It should not be read as an independent judicial finding that Mexico’s government violated the law or that the alleged restrictions were established facts.
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What is the Delta–Aeroméxico joint venture?
DOT approved the airlines’ joint venture and granted it antitrust immunity in 2016. Antitrust immunity allows cooperating airlines to coordinate certain activities that would otherwise raise competition-law concerns. DOT’s 2025 action sought to withdraw that approval and immunity; it did not propose an immediate ban on every form of cooperation between the airlines.
What happened in the case?
| Date | Event | What it meant |
|---|---|---|
| 2016 | DOT approved the joint venture and granted antitrust immunity. | The arrangement could operate with the approved immunity. |
| 2024 | DOT opened a review and issued show-cause proceedings proposing to end the approval and immunity. | DOT cited changed competitive conditions, including restrictions affecting slots and cargo operations at a Mexico City airport. |
| 2025 | DOT issued a final order terminating approval and withdrawing immunity; DOJ supported DOT’s position. | The order contemplated winding down the immunized arrangement, while allowing certain arm’s-length cooperation. |
| August 20, 2026 | The Eleventh Circuit vacated DOT’s final order. | Aeroméxico subsequently reported that the joint venture and immunity remain in effect. |
What does the court ruling mean now?
The Eleventh Circuit’s August 20, 2026 decision vacated the DOT order that had ended approval and immunity. Aeroméxico’s contemporaneous filing with the U.S. Securities and Exchange Commission said the joint venture and immunity therefore remain in effect. That is the latest status established by the cited appellate opinion and company filing; the case is time-sensitive, so later proceedings could affect it.
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The 2025 order had included wind-down requirements and a January 1, 2026 deadline. Because the appellate court later vacated that order, the deadline should be understood as part of the vacated order, not as a current requirement.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What cooperation could continue under DOT’s 2025 order?
DOT said the airlines could continue certain arm’s-length activities, including codesharing, marketing, and frequent-flyer cooperation, even as the order sought to end the immunized joint venture. Those allowances were described in the 2025 order; they should not be confused with the current legal status after the order was vacated.
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- Size: Plane model measures approximately 5.75 inches in length with a 5- inch wingspan, perfectly sized for easy display and handling
- Quality materials: Die-cast metal airplanes with plastic parts, no assembly required
- Let your imagination fly: Daron airplanes have brought smiles to kids and collectors since 1990 as America’s source of aviation-related collectibles and transportation themed toys
Sources
- DOJ remarks and comments supporting DOT’s 2025 position
- Eleventh Circuit opinion dated August 20, 2026
- Aeroméxico SEC-filed announcement on the effect of the ruling
- DOT announcement and description of its 2025 order
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