On 1 June 2005 the European Commission initiated a formal investigation under the state aid provisions of the Treaty of Rome into the then proposed terms of the sale of the Tote, which involved a sale at less than the market price. The Government’s view was that the investigation was likely to conclude that such a sale would constitute unlawful state aid, and accordingly notified the Commission on 3 May 2006 that it did not intend to proceed with a sale on those terms and was looking at alternative models.