Retrospective Operation of Law

Complainant alleged that the respondent was disseminating false and misleading information by using virtually identical firm names, trademarks and by copying of distinctive items of product packing

Respondent, while relying on the principle of laches, contended that the complainant had kept silent for several years and had not objected to the infringement of its' rights when the respondent was commercializing its business activities

Validity

Neither S. 37(2) of Competition Act, 2010 nor its any other provision of the Act put any time limitation as to when to file a complaint for violation thereof

Application of Competition Act, 2010 was not only extendable to violations occurring in the present, but, to the violations occurred in the past

Any person violating the provisions of the Competition Act, 2010 could not be allowed to get away with his violation merely on the fact that the time had lapsed

Objection raised by respondent was not tenable and was rejected.

Retrospective Operation of Law -Does not affect things done before date on which retrospective effect was actually given.