How is this not a penalty?

Most likely it's due to the player's proximity to the puck.

Would that have been a penalty in the real game? 

Not having a go, just curious as to the rules. Even though I've been playing this for years I still have a lot to learn about the  actual official rules. 

You can clearly see that the ref was not looking at the time of contact there for if you see it, you cannot call it. 

- From an active Football official 👍

In football (soccer) they have video referees because most on field officials are useless 😇😜

Must be the same in ice hockey.  😊

I'm not a ref, but I imagine that would be called. However, with this being a video game, we don't have that human element that can tell this wasn't necessarily a battle for the puck.