Ekotto actually scissored(not particularly badly) Kuyt on top of the tackle, its a VERY tight call on if it should be given, however the ref is supposed to know the letter of every law, I haven't read the rule book(nor the revision they make on a yearly(or weekendly) basis.
Getting the ball has literally nothing to do with if its a foul or not, because you can go in for a tackle, not get the ball and it still not be a foul.
Its difficult because Kuty didn't actually have control of the ball at any stage, to say he did is disingenuous, he was running after a loose ball and Ekotto got there before him, NOT at the same time, but his tackle was a tad dangerous, Kuyt touched the ball after Ekotto did and then Ekotto's follow through took him down, but Kuyt almost certainly played the ball out and would not have been in posession if he wasn't taken down. Very very hard call, I'd say by the letter of the law it should be a penalty, but it would be incredibly harsh largely because Ekotto was going after a loose ball, not one Kuty was currently in control of, and Kuyt got there late and rather ended up running through where Ekotto was going.
Either way, if Torres or Maxi actually remembered to kick the ball at the end of a run, they could and really should have been 3-0 up in the first half, Maxi was woeful throughout, Torres was poor, great pass for Maxi was the best contribution to the game, no idea what Maxi was doing. Same goes for Torres, he was clean through, then just took it way past the optimum shooting angle, was he waiting and praying for a penalty and red card, I really don't know, not shooting was criminal though.
As for Spurs closing the gap on Arsenal, I really don't think so, Arsenal closing the gap on Spurs, maybe
Arsenal are worse, as we are every year, Spurs aren't improving, infact they are less consistant than last year.
The ultimate difference for me is, Spurs wanted to go out of the champions league early, loads of teams who break into Europe can do well, but league form almost always suffers. Fulham last year, great cup run, huge drop in quality in the league to go with it, happens to teams all the time. City have a bigger squad and less pressure to do well in Europa.
As the season drags on and those tough away CL fixtures happen in cold and bad weather, City can send out a ridiculously good reserve team while Spurs either give up, or have more tired first teamers when they come back from such games.
Spurs are probably the team who will be hurting most from European and other cup competitions, still in FA cup, I'd be sending out a stupid team and hoping to go out asap to have a good chance at 4th.