Apple will pay up to $400 million to compensate consumers ensnared in a plot to raise the prices of digital books unless the company overturns a court decision attesting to its pivotal role in the collusion.

The terms of the settlement disclosed in a court filing in New York yesterday came a month after lawyers suing Apple notified US District Judge Denise Cote that an agreement had been reached to avert a trial.

Lawsuits filed on behalf of digital book buyers had been seeking damages of up to $840 million for a price-fixing scheme that Judge Cote ruled had been orchestrated by Apple Inc. Apple is appealing against Judge Cote’s decision. The company won’t have to pay the $400 million settlement if it prevails.

Five major book publishers previously reached settlements totalling $166 million.

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