Delta Air Lines and Aeromexico can retain their antitrust immunity, thus vacating the U.S. Department of Transportation’s September 2025 order to terminate their joint venture, according to a court filing.

In February, the carriers  filed a petition in the U.S. 11th Circuit Court of Appeals to void DOT’s ruling, arguing that it was “arbitrary and capricious.” The court ruled that DOT “did not reasonably explain why it conducted a far more limited market analysis in this case than it has always done in the past.” The court also noted that DOT had “imposed a requirement for approval of the joint venture that it did not require of similar joint ventures it approved in Japan.”

DOT’s termination order had cited Mexico’s noncompliance with the 2015 U.S.-Mexico Air Transportation Agreement, initially ordering the joint venture to wind down by Jan. 1, 2026.

The carriers had received approval for the joint venture in 2016.

In a statement, Delta said, “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 US jobs and economic growth.”  The statement continued, “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.”

In its own statement, DOT said, “The department is committed to protecting competition and achieving the best outcomes for the traveling public.”  The statement continued: “Even as we review the court’s decision, and consider all available legal options, we will continue to work with the Mexican government to ensure it fulfills its obligations and treats all US carriers fairly. We are encouraged by recent conversations with the government of Mexico and look forward to Mexico’s full compliance with the agreement.”