According to a Lawsuit (PDF), submitted by the State of Texas along with ten other states, is intended to Google with Facebook have reached an agreement that gives the search engine company access to the Data of WhatsApp users. In the Lawsuit states that Google "repeatedly and brazenly violated antitrust and consumer protection laws."
In addition to the current lawsuit, which is supported by the states of Arkansas, Idaho, Indiana, Kentucky, Mississippi, Missouri, North and South Dakota and Utah, the state attorneys general of almost all US states have already filed a lawsuit in October 2020, in which Google is accused of abuse of market power. The main issue is the search preferences of the Android mobile operating system.
Exclusive cooperation between Google and Facebook
In the current lawsuit, Google is accused of entering into an exclusive cooperation with Facebook with the aim of maintaining the group's quasi-monopoly. According to the statement of claim (page 57), Google entered into an agreement in 2015, shortly after WhatsApp was purchased by Facebook, which gave the company "access to millions of end-to-end encrypted WhatsApp messages, Photos, Videos and audio files of Americans granted."
Whether this accusation is actually true must be clarified in the ongoing proceedings. To this end, the courts are evaluating, among other things, numerous internal company documents, some of which, however, have been blacked out in the published lawsuit.
However, it is not technically possible for Google to access the end-to-end encrypted communication. It is therefore very likely that the agreement only allowed Google to access the WhatsApp data until April 2016, because before that date no Encryption exists. In addition, it would be possible that Google is still evaluating backups of WhatsApp users because they are stored unencrypted.
Manipulation in online advertising
In addition to allegations of data misuse, the lawsuit also accuses Google of manipulation in onlineAdvertising of the same. Specifically, this concerns so-called header bidding, in which website operators can offer their advertising space in parallel on different advertising marketplaces.
According to the lawsuit, Google saw this as a threat to its business model. The company is therefore accused of having taken over header bidding, but not being able to use the Advertisements but then manipulated it in such a way that Google ads were played, even though a competitor had bid higher for the ad space. In a Statement Google dismissed all counts of the complaint.