Apple appeals $400M e-book price-fixing ruling

The iPad mini is shown in San Jose, Calif., Tuesday, Oct. 23, 2012. (AP Photo/Marcio Jose Sanchez)

NEW YORK -- 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 Wednesday court filing came a month after attorney suing Apple notified U.S. 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 Cote ruled had been orchestrated by Apple Inc.

Apple is appealing Cote's decision. The Cupertino, California, company won't have to pay the $400 million settlement if it prevails.

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