Aguero, whose reaction came following what appeared to have been an elbow from Luiz, escapes the prospect of a retrospective ban as the referee, Chris Foy, was deemed to have seen the full incident at the time as he awarded a free kick against Aguero, therefore the particular incident cannot be 're-refereed'.
There is no question that Aguero is extremely lucky, escaping on the basis of a technicality rather as opposed to any justice being served as if Foy had not been adjudged to have seen the incident (quite how much he did say - or more pertinently at what angle - is open to debate) the incident could, and most likely, would have been reviewed. Even without the benefit of replays, from our position at Wembley it immediately looked as though the challenge had been delivered with a degree of menace.
Aguero himself has not commented on the incident following Luiz's call for him to apologise, but in the post game press conference Roberto Mancini raised eyebrows in the press conference post-game with his claim that he hadn't seen the incident, despite being positioned just yards from it.
With a sense of misplaced irony, the non-action does mean that Aguero is now free to face Tottenham this coming Sunday, who are battling hard with Chelsea for one of the final Champions League positions.