If the motivation behind codetermination is to meaningfully reduce corporate power, a substantial percentage of board seats must be held by worker-representatives.

As the European experience suggests, codetermination mandates do not necessarily confer workers meaningful power. As the authors write: "If a codetermination statute is to contribute meaningfully to the goal of taming corporate power, then it has to allocate a substantial percentage of board seats to employees and also to allow them to vote. Reasonable persons may disagree on whether one-third of board seats is sufficient for that purpose, but having one or two token employee representatives on a large board is unlikely to shift the power dynamic in a meaningful way.”

empirical