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Delta and Aeromexico challenge US decisions to dissolve joint venture

Delta Air Lines, Aeromexico and the U.S. Government sued each other to challenge an order that the joint venture be disbanded by January 1, which allowed the carriers to coordinate the scheduling, pricing and capacities decisions for U.S. - Mexico flights.

The companies filed a lawsuit on Thursday in the 11th Circuit Court of Appeals against the U.S. Transportation Department's decision of September 15. The petition was published on Friday. Transportation Department has ordered the end of the joint venture, which lasted for nearly nine years. The department cited competition concerns as a reason to terminate it. Delta said that in a Friday statement, the petition was "our only option and the next procedural step in the process" to protect Delta and Aeromexico’s global networks and customers.

According to the Atlanta-based airline, following the order of dissolving the venture by the 1st January "would be financially and operationally burdensome." The companies intend to request a stay from the appeals court to stop the enforcement of the January 1 deadline until the court has reviewed the case.

The Transportation Department has not yet commented.

USDOT announced last month that the joint venture would be terminated due to "ongoing anti-competitive effects on U.S. Mexico City markets which provide unfair advantages to Delta and Aeromexico".

About 60% of passengers flying from Mexico City Airport into the U.S. are carried by these carriers. The airport is the 4th largest international gateway into and out of the United States.

The U.S. Government said that it did not require Delta to sell its 20% stake in Aeromexico.

Delta stated that the joint venture creates more than 310 million dollars of gross domestic product in the United States and nearly 4,000 jobs. It warned that up to $800,000,000 in consumer benefits per year could disappear, and two dozen routes may be cancelled. Smaller aircraft could also replace the existing planes.

The Department of Transportation warned that the venture would likely result in higher fares on some markets, reduced capacities and problems for U.S. carriers because of government intervention. (Reporting and editing by Diane Craft, David Gregorio and David Shepardson)

(source: Reuters)