Аннотация: The paper deals with the general issues of the correlation between innovation and competition policy of the state, analyzes the experience of the Federal Republic of Germany and the Russian Federation antitrust authorities, examines current problems related to determining the dominant position, assessing economic concentration, identifying and suppressing cartels in the digital economy. Special attention is paid to the prospects for further development and changes in antitrust legislation in the framework of the development of the Fifth Antitrust Package.