Newcastle are to demand a change to the disciplinary rules after Wigan's 21-year-old forward Callum McManaman escaped any action for his studs-up challenge on Magpies defender Massadio Haidara.
The FA confirmed that the incident was seen by at least one of the match officials - even though referee Mark Halsey was unsighted - and under current rules that means retrospective action cannot be taken.
The announcement led to a storm of criticism from former players and pundits.
Newcastle's managing director Derek Llambias said the club would make immediate moves to change the disciplinary process.
To further infuriate the Magpies, assistant manager John Carver has been charged with misconduct by the FA, along with and Wigan coach Graham Barrow, following a clash at half-time in Sunday's match.
Haidara suffered potentially serious knee ligament damage after the challenge by McManaman, but no action was taken against the Wigan player during the match.
Llambias said in a statement: "We are disappointed to learn that the FA is not going to charge the Wigan player. It is clear from this decision that the current disciplinary procedures are not fit for purpose.
"Newcastle United, along with other clubs, have had players suspended for incidents reviewed after the game. Whilst not trivialising these incidents, they were not, in our opinion, of the seriousness of Callum McManaman's tackle on Haidara."