Delta fears US Trade Commission’s investigation threatens Joby partnership

The airline is wary that an ongoing investigation into Joby’s trade practices could impede its air taxi ambitions.

Delta Air Lines has warned that the US International Trade Commission’s (ITC) investigation into Joby Aviation threatens Delta’s partnership with the air taxi developer.

In papers filed with the ITC, Delta warns that a decision against Joby could “shut down Joby’s existing product line”.

At issue is an investigation launched in April by the ITC into allegations that Joby infringed on patents held by its competitor Archer Aviation.

Both firms are working to develop, certificate and bring to market electric vertical take-off and landing (eVTOL aircraft).

The ITC initiated its investigation in response to a complaint filed on 10 March by Archer. It alleged that Joby violated the US Tariff Act of 1930 by importing eVTOLs and related components that infringe on patents held by Archer.

Archer asked the ITC to prohibit Joby from continuing to import those items and marketing or selling those products in the USA.

Joby has called Archer’s complaint a “distraction” and said it intends to defend itself.

But the ITC case caught Delta’s attention.

“The complaint implicates Delta because… Delta has partnered with [Joby] for the development of a new home-to-seat airport product using eVTOL aircraft,” Delta said in a 23 March filing with the ITC. “Delta has made significant monetary investments and has entered this strategic partnership to develop and deliver” the transportation option.

The airline does not immediately respond to a request for comment.

Delta in 2022 disclosed a partnership with Joby that involved the airline investing an initial $60 million in the start-up and committing another $200 million as Joby progresses with its development and certification programme.

The agreement calls for Joby to operate its aircraft for Delta, carrying Delta passengers on short trips from major airports like those in New York and Los Angeles.

United Airlines, meanwhile, partnered with Archer to offer air taxi flights on Archer’s in-development Midnight air taxi.

“Removing Joby’s eVTOLs from the US market will therefore adversely impact competitive conditions,” Delta’s filing added. “An exclusion order would shut down Joby’s existing product line, giving Archer an anticompetitive monopoly over the industry.”

Delta asked the ITC to delegate the investigation’s “fact-finding” work to an administrative law judge, and that the judge “investigate the negative effects the relief requested by Archer will have on competitive conditions in the US”.

Archer and Joby have been locked in a legal dispute for months. First, in November 2025, Joby sued Archer on grounds that it and one of its employees stole trade secrets related to Joby’s aircraft, strategy and operations.

Archer denied the allegations.

Then in March, Archer countersued, alleging that Joby committed fraud by concealing business ties to China and the Chinese government while securing US contracts. It said Joby “misclassified” imported Chinese goods on shipping records, hiding “Chinese components” and avoiding import tariffs.

Joby called Archer’s counterclaims “nonsense”. The court case remains ongoing.

The dispute then expanded to the ITC with Archer’s 10 March complaint.