Delta Air Lines and its partner Aeroméxico received a reprieve when the United States Court of Appeals for the Eleventh Circuit granted a stay on November 12, 2025, temporarily suspending the enforcement of a Department of Transportation (DOT) order that had revoked the airlines’ antitrust immunity effective January 1, 2026. The stay allows the carriers to maintain their existing network and capacity arrangements while they negotiate compliance or pursue further appeals.
The DOT’s original order was issued on September 15, 2025, after the agency concluded that Mexico’s government had taken actions that favored Aeroméxico and distorted competition at Benito Juárez International Airport. Those actions included the confiscation of flight slots, the prohibition of cargo operations for competing carriers, and a non‑transparent slot allocation regime that disadvantaged U.S. airlines. By revoking the immunity, the DOT sought to prevent the joint venture from coordinating schedules, pricing, and other operational aspects that could suppress competition on overlapping routes.
The stay provides Delta with short‑term stability, but the underlying regulatory risk remains. If the stay were not granted, the termination of the joint venture would likely cause significant harm to U.S. jobs, communities, and consumers traveling between the United States and Mexico, as Delta and Aeroméxico had warned. The airlines would lose the ability to coordinate on schedules and pricing, potentially leading to higher fares and reduced service frequency on key cross‑border routes.
Delta’s 20% ownership stake in Aeroméxico is not affected by the termination of the antitrust immunity. Code‑sharing and frequent‑flyer partnerships can continue, but direct coordination on schedules and pricing is prohibited without the immunity. The stay therefore preserves the operational benefits of the partnership while the airlines work to address the DOT’s concerns.
Delta’s management has emphasized that the decision to revoke immunity would have a material impact on its operations. The carrier has stated that the joint venture’s termination would harm U.S. jobs and consumers, and it is actively engaging with the DOT to demonstrate compliance and maintain service levels. The stay gives Delta time to negotiate a settlement or appeal the decision while keeping its network intact.
The case underscores the increasing regulatory scrutiny of airline alliances and the importance of antitrust immunity for carriers operating under complex network agreements. While the stay offers temporary relief, it signals that regulatory challenges remain a material risk for Delta’s strategic plans and financial performance. Investors and industry observers will watch how the airlines navigate the DOT’s requirements and whether the immunity can be restored in the future.
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