Press Release
Press Release
Press Contacts: Erik Cummins, Matt Hyams, Taina Rosa, Olivia Meyer
09.04.26
Pillsbury secured a major appellate victory for Aeroméxico, with the U.S. Court of Appeals for the Eleventh Circuit unanimously vacating a Department of Transportation (DOT) order that would have terminated approval and antitrust immunity for the airline’s long-standing joint venture with Delta Air Lines.
The nearly decade-old partnership allows Aeroméxico and Delta to coordinate scheduling, pricing and capacity for flights between the U.S. and Mexico. In its published decision, the court concluded that the DOT relied on an inadequate market analysis and applied a more demanding open-skies standard to the Aeroméxico-Delta joint venture than to comparable airline joint ventures.
Since the joint venture took effect in 2017, Aeroméxico has transported approximately 58 million passengers on 454,000 flights between Mexico and the U.S., covering a combined 630 million miles. The ruling preserves the partnership and allows it to continue providing travelers with greater connectivity, expanded route options and lower fares. The decision also provides important guidance concerning DOT’s review of international airline joint ventures.
The Pillsbury team representing Aeroméxico included Aviation, Aerospace & Transportation practice group leader Charles Donley and senior counsel Edward Sauer, and Litigation partner Matthew MacLean and senior associate Nicole Steinberg, with support from Appellate partner Todd Kim.
The firm worked closely on the matter with the Gibson, Dunn & Crutcher LLP team representing Delta Air Lines, which included partners Eugene Scalia and Amir Tayrani.